Chapter II. Type I Telecommunications Business

(Application for Business Permission)
Article 3.

(1) The application referred to in Article 9 Paragraph (2) of the Law shall be in accordance with Form 1.
(2)

The categories of telecommunications services as referred to in Article 9 Paragraph (2) Item ii) of the Law shall, in addition to the telegraph, be as defined in the following table:

Type of Service Categories
Voice transmission A telecommunications service other than data transmission service using telecommunications facilities that have switching and transmission functions principally in the 4 kHz band (voice and other sounds). For use in communications with others.
Data transmission A telecommunications service solely for communications using telecommunications facilities that have switching and transmission functions of data and images. For use in communications with others.
Leased circuit A telecommunications service that allows exclusive use of telecommunications facilities to a specified person

(3) The business plan referred to in Article 9 Paragraph (3) of the Law shall be in accordance with Form 2.
(4) The other documents as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 9 Paragraph (3) of the Law shall be as follows:
i)
 An estimate of business revenue and expenditure in accordance with Form 3 for each business year to the day five years hence from the day of planned commencement of business.
ii)
 A map drawn accurately on a scale of at least 1/200,000 and clearly showing the boundaries of the service area (in cases where the service area encompasses the entire area of a prefecture or of a municipality, including a suitable map of the area).
iii)
 In cases where telecommunications facilities are to be connected to or shared with another telecommunications carrier, a copy of the agreement with that person or a document describing said plan.
iv)
 In cases where telecommunications services are resold for users through wholesale telecommunications service based on charges notified under Article 31 Paragraph (1) of the Law, or authorized under the same article Paragraph (4) or charges notified under Article 31-3 Paragraph (1) of the Law (including charges specified under the applicable ministerial ordinance in accordance of Article 31 Paragraph (1) of the Law), and tariffs notified under Article 31-4 Paragraph (1) of the Law, or authorized under the same article Paragraph (3) (including matters specified under the applicable ministerial ordinance in accordance of the same article Paragraph (1) of the Law, and technical conditions specified under the applicable ministerial ordinance in accordance of Article 49 Paragraph (1) of the Law or authorized under the applicable ministerial ordinance in accordance of Article 52 Paragraph (1) item i) of the Law), or tariffs notified under Article 31-4 Paragraph (9) of the Law, documents containing the plan
v)
 In cases where telecommunications services are resold for users through wholesale telecommunications service of other telecommunications carriers, a copy of the contract with said telecommunications carriers or documents containing the plan
vi)
 In cases where a portion of a telecommunications service is to be entrusted to another person, a copy of the contract with the trustee or a document describing said plan.
vii)
 A document describing the method and prospect of procurement of land, buildings and other structures for the installation of telecommunications facilities
viii)
 The documents listed below concerning the principal engineers:
a)
 In cases where the persons have received a chief telecommunications engineer's license, a document stating each person's name and the class and number of said license.
b)
 In cases where Item a) is not applicable, a curriculum vitae of each person.
ix)
 Layout diagrams of the transmission line facilities (limited to transit system facilities) and of switching facilities and other major facilities.
x)
 A table of telecommunications circuit settings.
xi)
 An outline of the business engaged in by an applicant other than the telecommunications business.
xii)
 The following documents when the applicant is an existing juridical person:
a)
 A certified copy of the articles of incorporation or of the act of endowment and of the register.
b)
 Balance sheets and profit and loss statements of recent business years.
c)
 A list of officers or employees and their curricula vitae.
xiii)
 The following documents when the applicant intends to establish a juridical person:
a)
 A certified copy of the articles of incorporation or of the act of endowment.
b)
 A list of promoters, employees or founders, and their curricula vitae.
c)
 In cases where the juridical person to be founded will be a joint-stock or a limited liability company, a document describing the stock subscriptions or the status of and prospects for investment.
xiv)
 The following documents when the applicant is an association without the status of a juridical person:
a)
 A copy of the association articles.
b)
 Statements of assets of the association members.
c)
 Curricula vitae of the association members.
xv)
The following documents when the applicant is an individual:
a)
 A statement of assets.
b)
 A document certifying the person's name, address and date of birth.
c)
 A curriculum vitae.
xvi)
 When the applicant is a local public entity, a copy of the assembly proceedings pertaining to engagement in Type I telecommunications carrier business.
xvii)
 A document showing the inapplicability of each item of Article 11 Paragraph (1) (excluding Items iv) through vii) of the same article Paragraph (1) for persons who intend to engage in the international telecommunications business as stipulated in the same article Paragraph (2)).
xviii)
 When permission or other disposition of the competent government authority is required concerning the installation of telecommunications facilities, a copy of said permit, etc. (a copy of the application in cases where application has been made for permission, etc.) or a document describing the status of said formalities.
Article 4.
Repealed.
(Extension of Prescribed Period for Commencement of Business)
Article 5.
Application for extension of the prescribed period for commencement of business as stipulated in Article 12 Paragraph (3) (including cases to which the provisions of Article 14 Paragraph (4) of the Law apply mutatis mutandis) shall be made by filing an application form in accordance with Form 4.
(Procedure for Confirmation of Technical Standards Conformity)
Article 6.
(1)
 Persons who intend to receive confirmation of conformity to the technical conditions (hereinafter referred to as "confirmation of technical standards conformity") referred to in Article 12 Paragraph (4) (including cases to which the provisions of Article 14 Paragraph (4) apply mutatis mutandis; the same provision shall apply to the next Article) shall file an application form in accordance with Form 5 with the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(2)
 The following documents shall be attached to the application referred to in the preceding paragraph:
i)
 Facility and connection block diagrams of switching, transmission line and ancillary facilities.
ii)
 An explanation concerning the installation, etc. of backup facilities for switching, transmission line and ancillary facilities.
iii)
 An explanation concerning the methods of detecting and reporting failures, etc. in switching, transmission line and ancillary facilities.
iv)
 An explanation concerning the methods of detecting and dealing with abnormal traffic congestion in switching facilities (excluding telecommunications facilities for exclusive use for dedicated service).
v)
 An explanation concerning the antiseismic measures as incorporated into switching, transmission line and ancillary facilities.
vi)
 An explanation of measures to counter power failures.
vii)
 An explanation of measures to counter inductive interferences in line facilities.
viii)
 An explanation of the automatic fire alarm and fire extinguishing equipment provided in the telecommunications equipment room, etc. where telecommunications facilities are installed.
ix)
 An explanation concerning the installation of outside plant facilities.
x)
 An explanation concerning measures to prevent damage caused by natural disasters and to prevent unauthorized entry in buildings, etc. where telecommunications facilities are installed.
xi)
 An explanation concerning measures to prevent intelligible crosstalk in switching facilities and transmission line facilities.
xii)
 An explanation concerning measures to protect information stored in telecommunications facilities regarding users' communications.
xiii)
 An explanation concerning the installation of security equipment between telecommunications facilities and users or the telecommunications facilities for telecommunications business of other telecommunications carriers.
xiv)
 An explanation concerning the demarcation point between telecommunications facilities and users or other telecommunications carriers.
xv)
 An explanation concerning the method of confirming the normal condition of telecommunications facilities at the demarcation point mentioned in the preceding item.
xvi)
 An explanation of and test results for the connection conditions of terminal equipment and private telecommunications facilities (hereafter referred to as "terminal facilities, etc.") for analog telephone facilities (meaning the analog telephone facilities prescribed in Article 26 of the Regulations for Telecommunications Facilities for Telecommunications Business (Ordinance of the Ministry of Posts and Telecommunications No. 30 of 1985) and the same shall apply hereinafter) and other voice transmission facilities (meaning the analog telephone facilities prescribed in Article 35-2 of the Regulations for Telecommunications Facilities for Telecommunications Business and the same shall apply hereinafter).
xvii)
 The calculation results corresponding to the speech quality of analog telephone facilities and an explanation concerning the calculations.
xviii)
 The design values for the connection quality of analog telephone facilities and other voice transmission facilities, and an explanation of the grounds on which they are based.
xix)
 A list of the principal testing equipment provided at the site of business where telecommunications facilities are installed, maintained and operated.
xx)
 A list of the principal emergency equipment for recovery provided at the site of business where telecommunications facilities are installed, maintained and operated.
xxi)
 Other data needed to supplement the documents stipulated under each of the preceding items.
(3)
 In addition to documents describing the preceding items, in cases where a Type I telecommunications carrier intends to use the same line facilities (meaning only "line facilities" portion of wire telecommunications facilities as stipulated in Article 2 Paragraph (2) of the Wire Telecommunications Law (Law No. 96 of 1973) excluding line facilities leased from other telecommunications carriers, the same shall apply hereinafter) that are used as transmission lines connected to cable television broadcasting facilities (meaning "cable television broadcasting facilities" and "receiving facilities connected to the cable television broadcasting facilities," as stipulated in Article 2 Paragraph (2) of the Cable Television Broadcast Law (Law No. 114 of 1972), and the same shall apply hereinafter), the carrier shall attach the following documents:
i)
 An explanation concerning the demarcation point between "telecommunications facilities for telecommunications service" and "cable television broadcasting facilities excluding line facilities."
ii)
 An explanation of testing methods of confirming the normal condition of telecommunications facilities for telecommunications service at the demarcation point as mentioned in the preceding item.
iii)
 An explanation concerning the degree of demarcation between the point of terminal facilities, etc. and the subscriber terminal for the cable television broadcasting facility (meaning "subscriber terminal" referred to in Article 2 Paragraph (5) of the Regulations for Enforcement of the Cable Television Broadcast Law (Ministerial Ordinance No. 40 of 1972).
iv)
 An explanation concerning measures taken to prevent content of communications from being decoded at the point of interconnection to receiving facilities of cable television broadcasting
(4)
 In cases where telecommunications services in accordance with tariffs, etc. or wholesale telecommunications services from other telecommunications carriers are resold to users, with regards to the telecommunications facilities for telecommunications services from said other telecommunications carriers, the documents demonstrating that said telecommunications facilities have already been granted the confirmation of technical conditions conformity shall be attached to the application form under Paragraph (1), notwithstanding the provisions under Paragraph (2).
(Facilities Not Requiring Confirmation of Technical Conditions Conformity)
Article 7.
Telecommunications facilities not requiring the confirmation of technical conditions conformity referred to in Article 12 Paragraph (4) of the Law as being stipulated in the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications shall be the telecommunications facilities that fall under any case given in the following items:
i)
 Cases where one's own telecommunications equipment that has received the confirmation of technical conditions conformity has already been installed using methods that received the confirmation of technical conditions conformity (excluding cases where the speech quality and interconnection quality of analog telephone facilities would be degraded) with the purpose of using said equipment for its own business
ii)
 Cases where the categories of telecommunications service to be provided are changed without changing telecommunications facilities that have already received the confirmation of technical conditions conformity (excluding cases where equipment not previously falling under analog telephone facilities does now as a result of said change)
iii)
 Cases where a Type I telecommunications carrier installs terminal equipment that has received the technical conditions compliance approval as stipulated in Article 50 Paragraph (1) and also interconnects them to telecommunications circuit facilities for use in its own business
(Notification of Commencement of Business)
Article 8.
A person who intends to file a notification of commencement of business as stipulated in Article 12 Paragraph (5) shall submit a notification in accordance with Form 6.
(Notification of Change of Name, Etc.)
Article 9.
A person who intends to file a notification as stipulated in Article 13 of the Law shall submit a notification in accordance with Form 7, by attaching thereto a document verifying that said changes have been affected.
(Permission of Changes)
Article 10.
A person who intends to obtain permission for changes referred to in Article 14 Paragraph (1) of the Law shall submit an application form in accordance with Form 8 to the Minister of Public Management, Home Affairs, Posts and Telecommunications, by attaching thereto the documents as stipulated in each items listed below:
i)
 In cases of a change in category or description of telecommunications services:
a)
 Estimates of business revenues and expenditures in accordance with Form 3 for business years including the days within five years as from the business year to which the day of planned change belongs
b)
 In cases where telecommunications services in accordance with tariffs, etc. or wholesale telecommunications services from other telecommunications carriers are resold to users, a copy of the contract with said telecommunications carriers or documents describing the plan
c)
 In cases where part of telecommunications services pertaining to said change is entrusted or the entrusted details are to be changed, a copy of the contract with the trustee or documents describing the plan
d)
 In cases where the applicant is a local public entity, a copy of the minutes of the assembly concerning the change
ii)
 In cases of a change in service area:
a)
 In cases where the number of service areas increases, documents indicating the required amount of money, and a method of raising fund and a repayment plan
b)
 In cases where the number of service area increases, estimates of business revenues and expenditures in accordance with Form 3 for business years including the days within five years as from the business year to which the day of commencement of telecommunications services to the particular service area belongs
c)
 In cases where telecommunications services in accordance with tariffs or wholesale telecommunications services from other telecommunications carriers are resold to users, a copy of the contract with the telecommunications carriers or documents describing the plan
d)
 A 1:200,000 scale or more detailed map clearly showing the boundaries of the increasing or decreasing service areas (in cases where the increasing or decreasing service areas encompass the entire area of a prefecture or of a municipality, a suitable map showing the entire service area)
e)
 In cases where the applicant is a local public entity, a copy of the minutes of the assembly concerning the change of service areas
iii)
 In cases of a major change of telecommunications facilities
a)
 Documents describing the required amount of money, and a method of raising fund and a repayment plan
b)
 Documents describing the following matters concerning the construction plan of telecommunications facilities pertaining to the change
(i)
 Outline (limited to major equipment)
(ii)
 Process of operation (limited to major equipment; in cases of disinstallation of facilities, a document showing the date of such disinstallation.)
(iii)
 A rough estimate of construction cost
c)
 In cases where, as a result of said change, interconnection or sharing of telecommunications facilities is made with other telecommunications carriers, or the details of interconnection or sharing are changed, a copy of the agreement with such party or a document describing the plan
d)
 In cases where telecommunications services in accordance with tariffs or wholesale telecommunications services from other telecommunications carriers are resold to users, a copy of the contract with said telecommunications carriers or a document describing the plan
e)
 A document describing the method and the prospect of procuring the land, buildings and other structures to accommodate the telecommunications facilities pertaining to the change (excluding cases where facilities are disinstalled)
f)
 Layout diagrams of transmission line facilities (limited to interexchange transmission line facilities) and switching facilities and other major facilities pertaining to the change
g)
 A list of telecommunications circuit settings
h)
 Where permission or other administrative disposition of the competent administrative authority is required concerning the changes, copies of said permission, etc. (copies of application forms in cases where application has been filed for such permission, etc.) or a document describing the status of said formalities
(Immaterial Changes)
Article 11.
Immaterial changes as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with the proviso of Article 14 Paragraph (1) of the Law shall be as follows:
i)
 In cases of changes of description of telecommunications services, changes not changing its classification
ii)
 In cases of changes of service areas, the following changes:
a)
 In cases of changes of service areas pertaining to the offering of telecommunications services (excluding wholesale telecommunications services), the following changes:
(i)
 An increase of service areas within a prefecture in which a service area already having been granted business permission (in cases where permission was granted to a change, the permission for said change) exists, where said change of the details of the telecommunications equipment as a result of the increase of said service area falls under the following item.
(ii)
 A decrease of service areas in which the main structure of telecommunications equipment remain unchanged regardless of the decrease of said service areas, also being considered not exerting an influence upon the offering of telecommunications services in said service areas even after said decrease
b)
 Changes of service areas pertaining to the offering of wholesale telecommunications services
iii)
 In cases of main structure of telecommunications equipment, the following changes:
a)
 With regard to terminal system transmission line facilities, a change in the area of installation and an increase in a prefecture where the area of installation have been granted business permission (in cases where the change was permitted, the permission for said change) exists
b)
 With regard to interexchange system transmission line facilities, a change of interexchange system transmission line facilities in the route outside Japan, and an increase in the route of installation as a result of changes in a)
c) With regard to switching facilities, an increase in locations for installation as a result of changes in a)
iv)
 Changes made temporarily in specific districts
(Notification of Immaterial Changes)
Article 12.
Notifications as stipulated in Article 14 Paragraph (2) of the Law shall be made in accordance with Form 9.
(Application for Authorization of Entrustment of Business Activities)
Article 13.
A person who intends to obtain authorization pursuant to Article 15 of the Law shall submit an application form in accordance with Form 10, with the following documents attached thereto:
i)
 In cases where the trustee is a person other than a Type I telecommunications carrier, a document indicating that the entrustment does not fall under each item of Article 11 of the Law
ii)
 A copy of the entrustment contract
iii)
 A document describing the details of the method of entrustment including the amount of money pertaining to the entrustment
(Application for Authorization of Transfer of Business Operations)
Article 14.
A person who intends to obtain authorization pursuant to Article 16 Paragraph (1) of the Law shall submit an application form in accordance with Form 11, with the following documents attached thereto:
i)
 A copy of the contract for transfer
ii)
 A document describing the details of transfer including a basis for calculation of the value of transfer
iii)
 A document describing the amount of money required for the transfer and the method of procurement
iv)
 Estimates of business revenues and expenditures in accordance with Form 3 for business years including the days within five years as from the business year to which the day of transfer to the transferee belongs
v)
 In cases where the transferee is a juridical person other than a Type I telecommunications carrier, the following documents:
a)
 The articles of incorporation or of the act of endowment of the juridical person
b)
 A certified copy of the register
c)
 Balance sheets and profit-and-loss statements of recent business years as of the end of each business year
d)
 A list and curricula vitae of officers or employees
vi)
 The following documents when the transferee is a person who intends to establish a juridical person:
a)
 The articles of incorporation or the act of endowment of the juridical person
b)
 A list and curricula vitae of persons to serve as officers
vii)
 The following documents when the transferee is a partnership without legal personality other than a Type I telecommunications carrier:
a) A copy of the articles of partnership
b)
 Inventory of assets of the partnership members
c) A list and curricula vitae of the association members
viii)
 A copy of the assembly minutes pertaining to the transfer when the transferor or transferee is a local government
ix)
 When the transferee is a person other than a Type I telecommunications carrier, a document indicating that the transfer does not fall under each item of Article 11 of the Law
x)
 When approval or permission from the competent administrative authority is required for the transfer of telecommunications facilities belonging to the telecommunications business pertaining to the transfer, a copy of said approval or permission in writing (in cases where application has been made for approval or permission, a copy of the application), or a document describing the status of said formalities.
(Application for Authorization of Merger or Breakup)
Article 15.
A person who intends to obtain authorization referred to in Article 16 Paragraph (2) of the Law shall submit an application form in accordance with Form 12, with the following documents attached thereto:
i)
 A copy of a contract for the merger, or a breakup plan or a breakup contract
ii)
 An explanation concerning the terms and conditions of merger or breakup
iii)
 Estimates of business revenues and expenditures in accordance with Form 3 for business years including the days within five years as from the business year to which the day of merger or breakup belongs
iv)
 Where, in cases of merger, either party, or, in the case of breakup, a juridical person to inherit all the Type I telecommunications business as a result of the breakup, is a person other than a Type I telecommunications carrier, the articles of incorporation thereof, a certified copy of the register, and a balance sheet and a profit-and-loss statement of the latest business year
v)
 The articles of incorporation and curricula vitae of persons to serve as officers of a surviving juridical person after merger or a juridical person to be established by merger, or a juridical person to inherit all the Type I telecommunications business as a result of said breakup, and documents indicating that said juridical person does not fall under any of items of Article 11 of the Law
vi)
 When permission or other dispositions of the competent government authority concerning merger or breakup are required pertaining to telecommunications facilities belonging to a juridical person intending to merge or break up, a copy of said permission, etc. (a copy of the application form in cases where said application has been made for permission, etc.) or a document describing the status of said formalities
(Application for Authorization of Inheritance)
Article 16.
A person who intends to obtain authorization pursuant to Article 17 Paragraph (2) of the Law shall submit an application form in accordance with Form 13, with the following documents attached thereto:
i)
 A document attesting to the relationship between the applicant and the predecessor
ii)
 Curriculum vitae and a statement of assets of the applicant
iii)
 If there are any other inheritors apart from the applicant, a list in writing of the names and addresses of those inheritors, and consents in writing for said application
iv)
 A document indicating that the applicant does not fall under Item i) or ii) of Article 11 of the Law.
(Application for Authorization of Suspension and Closing of Business Operations)
Article 17.
A person who intends to obtain authorization referred to in Article 17 Paragraph (1) of the Law shall submit an application form in accordance with Form 14, with the following documents attached thereto (except when the entire business operations are to be closed):
i)
 A 1:200,000 scale or more detailed map clearly showing the boundaries of the service areas pertaining to the operations to be suspended or closed (in cases where the service areas pertaining to the operations to be suspended or closed encompasses the entire area of a prefecture or a municipality, a suitable map showing the entire service area)
ii)
 A document describing the telecommunications facilities profile pertaining to the business operations to be suspended or closed.
iii)
 Estimates of business revenues and expenditures in accordance with Form 3 for business years including the days within five years as from the business year to which the day of suspension or closing of operations belongs
(Application for Authorization of Resolution to Dissolve a Juridical Person)
Article 18.
A person who intends to obtain authorization referred to in Article 18 Paragraph (3) of the Law shall submit an application form in accordance with Form 15, by attaching thereto a document attesting to the resolution of dissolution or all the members' consent thereto.
(Notification of Charges)
Article 19.
A person who intends to file a notification of establishment or amendment of charges as stipulated in Article 31 Paragraph (1) of the Law shall submit a notification form in accordance with Form 16 by describing therein the proposed charges (in cases of notification of changes, the comparison of the charges before and after the changes) and the following matters, by no later than seven days prior to the date of implementation (one month in cases where a notification of establishment or change of charges is relating to specified telecommunications service; 14 days in cases where a notification of amendment of charges is relating to specified telecommunications service and it is obvious that the charge index after the change is lower than the standard charge index):
i)
 Date of implementation
ii)
 Service area or route, or service period for which the charge is applied (only in cases where the service is limited)
iii)
 Reason for establishment or change of charges;
iv)
 Charge index of newly-established charge or charge index after change, and an explanation regarding a basis for calculation of the index (only in the case of notification of establishment or change of charges for prescribed telecommunications services); and
v)
 Other items to supplement the preceding items.
(Charges Not Requiring Notification)
Article 19-2.
Charges not requiring notification as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 31 Paragraph (1) of the Law shall be the following charges:
i)
 Charges relating to telecommunications services that have particularly small impact on user benefits in consideration of the range of users;
ii)
 Charges such as handling charges and alike; and
iii)
 Charges relating to trial telecommunications services which are limited in the range of users and service period.
(Scope of Specified Telecommunications Services)
Article 19-3.
Telecommunications services as provided under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 31 Paragraph (3) of the Law shall be the following services (except telecommunications services pertaining to the offering of additional functions with little impact on user benefits, telecommunications services of which applications are limited to the communications for use in specific services, telecommunications services of which impact on user benefits are reduced through substitution by other telecommunications services, and telecommunications services pertaining to provision of terminal equipment):
i)
 Voice transmission services offered through use of only Category I designated telecommunications facilities (limited to telephony and ISDN service)
ii)
 Dedicated services offered through use of only Category I designated telecommunications facilities
(Types of Prescribed Telecommunications Services)
Article 19-4.
Types of telecommunications services as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 31 Paragraph (3) of the Law shall be the following services:
i)
 Voice transmission services;
ii)
 Voice transmission services that are provided by using Category I designated terminal system transmission line facilities as stipulated in Item i) a) of Paragraph (4) of Article 23-2;
iii)
 Dedicated services
(Standard Charge Index Calculation Method, Etc.)
Article 19-5.
(1)
 The standard charge index as referred to in Article 31 Paragraph (3) of the Law shall be calculated for each applicable period by using the following formula:
Standard charge index = Standard charge index for the preceding applicable period x (1 + Rate of change of consumer price index - Expected future productivity gains + Exogenous factors)
(2)
 The period when the standard charge index is applicable shall be one year from October 1.
(3)
 The rate of change of consumer price index as referred to in Paragraph (1) shall be the rate of change of consumer price index (meaning "national general index," among other consumer price indices as prepared by the Ministry of Public Management, Home Affairs, Posts and Telecommunications based upon the result of survey of retail price statistics (designated statistics No. 35)) in the national fiscal year that ends immediately after the day of the beginning of the applicable period of the standard price index ("standard fiscal year" in the following article) or in the calendar year.
(4)
 The expected future productivity gains as referred to in Paragraph (1) shall be calculated every three years from the future cost based on the current productivity and the future cost based on future productivity gains.
(5)
 Exogenous factors as referred to in Paragraph (1) shall be the ones which are not considered in the calculation of expected future productivity gains and are not reflected in the rate of change of consumer price index, and they shall be calculated for each period in which the standard charge index is applicable.
(6)
 When calculating the first standard charge index as applicable to the specified telecommunications services that are offered through use of telecommunications facilities newly designated pursuant to the provisions under Article 38-2 Paragraph (1) of the Law, the standard charge index for the preceding applicable period under Paragraph (1) shall be one hundred.
(Charge Index Calculation Method)
Article 19-6.
(1)

The charge index referred to in Article 31 Paragraph (3) of the Law shall be calculated by the following formula for each type of specified telecommunications services:

Pti is the amount of communications charge for each charge classification, such as distance, speed and others.
Poi is the amount of charge, corresponding to Pti, at six months prior to the day of application of the first standard charge index that is to be applied to the specified telecommunications services offered by using telecommunications facilities newly designated under the provisions of Article 38-2 Paragraph (1) of the Law.
Si is the amount of supply, in the standard fiscal year, of telecommunications services to which Pti is applied.

(2)
 In addition to the ones specified in the preceding paragraph, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall separately specify the method of modifying the charge index as required for maintaining the continuity of the price index.
(Standard Price Index Notice Period)
Article 19-7.
The number of days as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 31 Paragraph (1) of the Law shall be ninety days.
(Application for Authorization of Charges with Price Index that Exceeds the Standard Price Index)
Article 19-8.
A person who intends to obtain authorization under Article 31 Paragraph (4) of the Law shall submit an application form in accordance with Form 16 by containing therein the comparisons of charges before and after the change and the following matters:
i)
 Date of implementation
ii)
 Service areas or routes, or service period for which the charge is applied (only in cases where the service is limited)
iii)
 Charge index after the change of charges and an explanation about the basis for calculation of the charges
iv)
 An explanation about special conditions not attributable to the charges with a charge index equal to or less than the standard charge index
v)
 An explanation about a basis for calculation of the charges
vi)
 Estimates of revenues and expenditures for telecommunications services pertaining to the application for business years including the days within three years as from the business year to which the day of implementation of the charges belongs
(Standards for Reduction and Exemption of Charges)
Article 20.
The standards for reduction and exemption of charges for telecommunications services as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 31 Paragraph (10) of the Law shall be reduction and exemption of communications falling under the following items. However, in the case of communications as listed under Item viii), the amount of charges may be reducible to the extent not below the cost of said telecommunications services.
i)
 Communications reporting that a ship or aircraft is in or may plunge into a serious and imminent danger
ii)
 Communications transmitted to prevent serious danger to the navigation of ships or aircraft
iii)
 Communications reporting on the danger to human life or properties when emergencies, including natural disaster, unavoidable incident and others, occur or threatens to occur
iv)
 Communications transmitted to receive instructions on medical care of the sick or injured in ship or communications to respond to them
v)
 Communications made from victims of a disaster or communications made from telecommunications facilities specially set up by Type I telecommunications carriers
vi)
 Communications reporting crimes to the police or Japan Coast Guard
vii)
 Communications reporting outbreak of fire or seeking lifesaving to the fire department, and communications seeking rescue from Japan Coast Guard
viii)
 Communications dedicated for operations of; organizations of the National Police Agency or Prefectural Police Headquarters based on the Police Law (Law No. 162 of 1954); fire services of the national or local governments as stipulated in the Fire Service Organization Law (Law No. 226 of 1947); or newspaper publishers who publish newspapers with the purpose of reporting or debating on political, economic, cultural or other matters of public concern, broadcasters (persons licensed for operations of broadcasting stations in accordance with the Radio Law (Law No. 131 of 1950), or news agencies whose principal purpose is to provide newspaper publishers and broadcasters with news and information (except advertisements) (hereinafter referred to as "newspaper publishers, etc."), which are handled in telecommunications services using leased circuits, etc.
(Method of Recording Volume of Communications)
Article 20-2.
The method as referred to in Article 31-2 of the Law shall be the method of recording the communications volume, number of circuits, or other supplied amounts of telecommunications services by billing unit for each charge category, including the distance and speed of communications.
(Terms and Conditions Not Requiring Notification of Tariffs)
Article 21.
Items as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 31-4 Paragraph (1) of the Law shall be the following items:
i)
 Terms and conditions (excluding the items stipulated in the paragraph) of a telecommunications service other than the following items:
a)
 Name and contents of telecommunications service;
b)
 Items relating to responsibilities of a Type I telecommunications carrier and its users;
c)
 Methods to share costs for installation of telecommunications facilities and other construction;
d)
 Items relating to limitations on modes of use of telecommunications line facilities;
e)
 Methods to secure essential communications referred to in Article 8 Paragraph (1) of the Law;
f)
 Technical conditions necessary for smooth offering of telecommunications services;
g)
 In addition to the preceding items, items relating to conditions and terms for offering telecommunications services of importance to the rights or duties of users; and
h)
 Service period where a valid service period is set forth.
ii)
 Conditions and terms for the following telecommunications services:
a)
 Telecommunications services for providing additional functions, except for terms and conditions for offering telecommunications services of importance to the rights or duties of users;
b)
 Telecommunications services that are limited to purposes for specific business operations;
c)
 Telecommunications services that, by being substituted by other telecommunications services, have a reduced impact on user benefits;
d)
 Telecommunications services that have a particularly small impact on user benefits in consideration of the range of users; and
e)
 Trial telecommunications services that are limited in the range of users and the service period
(Notification of Tariff)
Article 21-2.
A person who intends to file a notification referred to in Article 31-4 Paragraph (1) of the Law shall submit a notification of Form 16-3 by attaching thereto a document listing tariffs (in the case of notification of changes, the comparison of the tariffs before and after the changes) by no later than seven days prior to the date of implementation.
(Application for Authorization of Tariffs for Offering of Telecommunications Services Using Category I Designated Telecommunications Facilities)
Article 21-3.
A person who intends to obtain authorization referred to in Article 31-4 Paragraph (3) of the Law shall submit an application of Form 16-4 by attaching thereto a document listing the proposed tariffs (in the case of application for authorization of changes, the comparison of the tariffs before and after the changes).
(Notification Pertaining to Standard Tariffs)
Article 22.
A person who intends to file a notification with the Minister of Public Management, Home Affairs, Posts and Telecommunications referred to in Article 31-4 Paragraph (5) of the Law shall submit a notification of Form 16-5.
(Publication of Charges, Etc.)
Article 22-2.
The publication of charges or tariffs under the provisions of Article 32 Paragraph (1) of the Law shall be posted at business offices and other workplaces (limited to the main office or branch offices as registered in the commercial registration; the same shall apply hereinafter) and shall also be posted on the Internet.
(Designation of Type I Telecommunications Carriers to Which Provisions on Prohibited Activities, Etc. Apply)
Article 22-3.
(1)
 Designation pursuant to the provisions under Article 37-2 Paragraph (1) of the Law or revocation of designation pursuant to Paragraph (2) of the same article shall be effected by notice. In this case, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall notify the Type I telecommunications carrier of said designation and said revocation of designation.
(2)
 The ratio as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 37-2 Paragraph (1) of the Law shall be one-fourth. In this case, the combined amount of profits pertaining to the operations of providing all telecommunications services of the same type within the same area as the service area (hereinafter referred to as "subject service area" in this article) pertaining to telecommunication services using Category II designated telecommunications facilities as installed by a Type I telecommunications carrier who installs Category II designated telecommunications facilities as defined under Article 38-3 Paragraph (2) of the Law, shall be the total amount of the following amounts:
i)
 The amount of profits pertaining to the business operations of offering telecommunications services that use said Category II designated telecommunications facilities as installed by said Type I telecommunications carriers
ii)
 With regard to a portion of the subject service area that matches with the prefectural area, for all the telecommunications carriers providing the same type of telecommunications services in that particular prefectural area, the total amount of a) plus a value obtained by multiplying the amount in a) by a ratio in b).
a)
 The amount of profits pertaining to the business operations of offering the same type of telecommunications services as supplied by said telecommunications carrier in the service area of said telecommunications carrier.
b)
 The ratio of the number of the specified mobile terminal equipment as defined under Article 23-9-2 Paragraph (2) pertaining to the same type of telecommunications services as provided by said telecommunications carrier in said prefecture, in the total number of said facilities in the service area of said telecommunications carrier.
iii)
 With regard to a portion of the subject service area that does not match with a prefectural area, the total amount of amounts pertaining to all telecommunications carriers (except Type I telecommunications carriers under Item i)) who offer the same type of telecommunications services obtained by multiplying the amount listed in a) under the preceding item by the ratio listed in b) under the same item and the ratio of the population in said portion to the population in said prefecture
(Publication of Profit and Loss Statements Concerning Telecommunications Service and Other Matters Concerning Accounting)
Article 22-4.
(1)
 The publication of profit and loss statements concerning telecommunications service and other matters concerning accounting as defined by the provisions under Article 37-2 Paragraph (5) of the Law shall be posted at business offices and other workplaces for public review for each business year within three months after the end of the business year, and shall also be made available on the Internet within seven days after it was posted at the business offices and other workplaces.
(2)
 The publication under the preceding paragraph shall be made over the period of five years from the day of being made available at the business offices and other workplaces pursuant to said paragraph.
(3)
 The matters as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 37-2 Paragraph (5) of the Law shall be the matters as listed in the left column of the table below, and their Forms shall be as given in the right column of the table, which is set forth in Table No. 2 separately attached to the Rules for Telecommunications Business Accounting (MPT Ordinance No. 26 of 1985).
1) Balance sheet
Form 1
2) Profit-and-loss statement
Form 2
3) List of fixed assets
Form 4
4) List of investments in affiliated companies
Form 7
5) List of claims in affiliates
Form 8
6) List of debt obligations in affiliates
Form 12
7) Profit-and-loss list for each service
Form 20
8) Profit-and-loss list for voice transmission service
Form 21
9) Profit-and-loss list for dedicated services
Form 22
10) Profit-and-loss list for auxiliary business
Form 23
11) Other list of matters of importance (limited to transactions with subsidiaries, and status of interlocking directors and auditors having duties in subsidiaries)
Form 24

(Designation and Revocation of Designation of Telecommunications Carrier Having Special Relations)
Article 22-5.
Designation and revocation of designation pursuant to the provisions under Article 37-3 Paragraph (1) of the Law shall be effected by notice. In this case, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall inform the Type I telecommunications carrier to that effect.
(Unavoidable Reasons of Unfavorable Treatment to Other Telecommunications Carriers)
Article 22-6.
Unavoidable reasons as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with the proviso of Article 37-3 Paragraph (3) of the Law shall be the nonperformance 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.
(Report on Measures Taken for Observance of Provisions Concerning Prohibited Activities)
Article 22-7.
A person who intends to do the reporting referred to in Article 37-3 Paragraph (5) of the Law shall submit a report of Form 16-6 to the Minister of Public Management, Home Affairs, Posts and Telecommunications within three months after the end of the business year, by attaching thereto a document containing the following matters pertaining to said business year:
i)
 With regard to matters as listed from a) to c) which are necessary for interconnection with Category I designated telecommunications facilities and in d), the establishment and publication of terms and conditions, and the description of measures taken to ensure equal treatment in handling telecommunications carriers having special relations and telecommunications carriers except for said telecommunications carriers having special relations.
a)
 Installation or maintenance of telecommunications facilities
b)
 Use of land, buildings and other structures to be attached to the land, etc.
c)
 Provision of information
d)
 Intermediation, mediation or representation with regard to contracts concerning provision of telecommunications services, or entrustment of business operations
ii)
 Status of implementation of the matters as listed in a) through d) of the preceding item as implemented in accordance with the terms and conditions publicized under the same item, separately for telecommunications carriers having special relations and telecommunications carriers other than telecommunications carriers having special relations
iii)
 In cases where the matters as listed in a) through (d) of Item i) were implemented by not using the terms and conditions publicized under the same item, the reason, terms and conditions, and other status of implementation for each of telecommunications carriers having special relations and telecommunications carriers other than telecommunications carriers having special relations
(Reasonable Grounds to Decline Request for Interconnection to Telecommunications Facilities)
Article 23.
The reasonable grounds as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38 Paragraph (3) of the Law shall be as follows:
i)
 Other telecommunications carriers who request interconnection of telecommunications facilities fail or may fail to pay the amount of money to be borne by themselves for interconnection of their telecommunications line facilities.
ii)
 Installation or modification of telecommunications line facilities to allow interconnection of telecommunications facilities is extremely difficult in terms of technical and economic aspects.
(Standards, Etc. for Type I Designated Telecommunications Facilities)
Article 23-2.
(1)
 Designation as specified in Article 38-2 Paragraph (1) of the Law shall be effected by notice. In this case, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall inform the Type I telecommunications carriers who install facilities to be given said designation to that effect.
(2)
 The area as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38-2 Paragraph (1) of the Law (hereinafter referred to as "unit designated area") shall be the prefectural area (an area designated separately by the Minister of Public Management, Home Affairs, Posts and Telecommunications when there exists a special necessity to do so in consideration of the status of use of telecommunications services).
(3)
 The ratio as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38-2 Paragraph (1) of the Law shall be calculated separately for transmission line facilities (hereinafter referred to as "fixed terminal system transmission line facilities") interconnected to the user's telecommunications facilities of which one end is installed at a specific site and the transmission line facilities other than the fixed terminal system transmission line facilities, and shall be one half for the fixed terminal system transmission line facilities. In this case, the number of telecommunications lines shall be one per line, regardless of the applicable field of telecommunications lines, frequency bandwidth, transmission speed, or the number of conductors, etc. However, with regard to telecommunications lines for analog signal transmission (except telecommunications lines used to offer telephony services) of which frequency bandwidth is in excess of 4 kHz, the value obtained by dividing the frequency bandwidth of the individual lines by four (fractions less than 1 shall be omitted) shall be considered as the number of telecommunications lines, and with regard to telecommunications lines for digital signal transmission, the value obtained by dividing a total sum of transmission speeds expressed by a unit of kilobits per second of the individual lines (in cases where lines of which transmission speed exceeds 1,536 kilobits per second, the transmission speed shall be considered as 1,536 kilobits per second) by sixty-four shall be considered as the number of telecommunications lines.
(4)
 Telecommunications lines as referred to in Article 38-2 Paragraph (1) of the Law and as stipulated under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications shall be the following facilities:
i)
 Telecommunications facilities with functions of switching or editing codes (except signals used for controlling telecommunications services or authentication of terminals, etc. (hereinafter simply referred to as "signals")), sound or image, or setting of communications channels (hereinafter referred to as "switching, etc.") (hereinafter referred to as "facilities for switching, etc."), which are the following facilities:
a)
 Facilities that directly accommodate fixed terminal system transmission line facilities (hereinafter referred to as "Category I designated terminal system facilities for switching, etc.")
b)
 Facilities for switching, etc. other than Category I designated terminal system facilities for switching, etc., which are used for communications within the unit designated area concerned (hereinafter referred to as "Category I designated trunk system facilities for switching, etc.")
ii)
 Transmission line facilities that are the following facilities:
a)
 Transmission lines facilities installed between the buildings (hereinafter referred to as "Category I designated local exchange") where Category I designated terminal system facilities for switching, etc. are installed (hereinafter referred to as "Category I designated local transmission line facilities")
b)
 Transmission line facilities that are installed between a Category I designated local exchange and a building (hereinafter referred to as "Category I designated relaying exchange") in which Category I designated trunk system facilities for switching, etc. are installed (hereinafter referred to as "Category I designated trunk system transmission line facilities")
iii)
 Facilities for use in management of information pertaining to telecommunications services offered through Category I designated terminal system transmission line facilities and the facilities under the preceding two items, control of telecommunications services and authentication of terminals
iv)
 In addition to the ones listed under the preceding three items, the facilities for switching, etc., transmission line facilities or terminal facilities of which interconnection to said facilities is indispensable to the improvement of convenience of the users, and comprehensive and rational development of telecommunications
(Application for Authorization of Interconnection Tariffs and Agreements for Interconnection to Type I Designated Telecommunications Facilities)
Article 23-3.
A person who intends to obtain authorization as referred to in Article 38-2 Paragraph (2) of the Law shall submit an application of Form 17, by attaching thereto a document containing the proposed interconnection tariff or agreement (in the case of application for authorization of changes, the comparison of the interconnection tariffs or agreements before and after the changes) and the grounds for calculation of interconnection charges.
(Standards for Authorization of Interconnection Tariffs and Agreements for Interconnection to Category I Designated Telecommunications Facilities)
Article 23-4.
(1)
 The points as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38-2 Paragraph (3) Item i) a) of the Law shall be as follows:
i)
 Points at the side of the user's telecommunications facilities at Category I designated terminal system transmission line facilities (meaning "fixed terminal system transmission line facilities at Category I designated telecommunications facilities": the same shall apply hereinafter)
ii)
 The following main distributing frames installed at Category I designated local exchanges
a)
 Such main distributing frames for transmission of electrical signals
b)
 Such main distributing frames for optical signals
iii)
 Points at the opposite side of Category I designated terminal system transmission line facilities, in the transmission equipment to be installed at Category I designated local exchanges
iv)
 Points at the side of Category I designated terminal system transmission line facilities, in the I-interface subscriber modules (meaning mainly Category I designated terminal system facilities for switching, etc. that are used for offering voice transmission services, excluding the facilities used for offering telephony services) installed at Category I designated local exchanges
v)
 Transmission equipment installed between Category I designated local transmission line facilities or Category I designated trunk system transmission line facilities and Category I designated terminal system facilities for switching etc., at Category I designated local exchanges
vi)
 Points at the side of Category I designated terminal system transmission line facilities, at Category I designated terminal system facilities for switching, etc. that are installed at Category I designated local exchanges
vii)
 Main distributing frames pertaining to transmission of optical signals, which are installed at Category I designated tandem exchanges
viii)
 Transmission equipment, at a Category I designated tandem exchange, installed BETWEEN transmission line facilities located between Category I designated trunk system transmission line facilities or Category I designated trunk system facilities for switching, etc. installed in a unit designated area which is different from the unit designated area in which said Category I designated trunk system facilities for switching, etc. are installed AND Category I designated trunk system facilities for switching, etc.
ix)
 Routers installed at Category I designated tandem exchanges (meaning telecommunications equipment for switching codes based on the Internet Protocol)
x)
 Signal transmission equipment installed in the same building at the same place as the equipment used for switching of the signal tandem switch (meaning signal switches) (hereinafter referred to as "signal tandem switches"), and signal transmission equipment installed at Category I designated local exchanges and Category I designated tandem offices
(2)
 The matters as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38-2 Paragraph (3) Item i) d) of the Law shall be as follows:
i)
 The following matters in cases where other telecommunications carriers interconnecting their telecommunications facilities to Category I designated telecommunications facilities (hereinafter referred to as "other carriers" in this paragraph and in Article 23-6) request interconnection:
a)
 Procedures to be followed when making a request for interconnection, which shall include the following matters:
(i)
 Procedures whereby other carriers receive disclosure of the line conditions of terminal system transmission line facilities as Category I designated telecommunications facilities, the status of installation of transmission line facilities for optical signals, and information necessary at the time of request for interconnection
(ii)
 Procedures for making a request for interconnection (except a request for interconnection to trunk system transmission line facilities for optical signals) and receiving a response to the request (in cases where the response received is to the effect that said request cannot be immediately met, it shall include rational reasons, etc., for example, a fact that there are no telecommunications facilities not currently in use pertaining to said request) (including procedures for entry into the facilities to verify said response to the effect that said request cannot be immediately met because there are no telecommunications facilities not currently in use pertaining to said request)
(iii)
 Procedures for making a request for interconnection to a trunk system transmission line facilities for optical signals and receiving a response to said request (in cases where the response received is to the effect that said request cannot be immediately met, it shall include rational reasons, including a fact that there are no telecommunications facilities not currently in use pertaining to said request) (including procedures for entry into the facilities to verify said response to the effect that said request cannot be immediately met because there are no telecommunications facilities pertaining to said request not currently in use), which shall be the same as the procedures followed in cases where a Type I telecommunications carrier installing Category I designated telecommunications facilities shall use its trunk system transmission line facilities for optical signals
(iv)
 Procedures for concluding and canceling interconnection agreements
b)
 A standard time period from the day of request for disclosure of information necessary for the interconnection request to the day of actual disclosure of said information
c)
 A standard time period from the day of request for interconnection to the day when the interconnection is actually started after a response to said request is made
ii)
 The following matters, in cases where, with regard to the interconnection, other carriers install or maintain equipment necessary for interconnection (including equipment necessary for indirect interconnection via telecommunications facilities, other than Category I designated telecommunications facilities, installed by Type I telecommunications carriers who install Category I designated telecommunications facilities; the same shall apply hereinafter), or use buildings, conduits, ducts or telephone tunnels
a)
 Procedures to be followed when other carriers install equipment necessary for interconnection, which include the following matters:
(i)
 Procedures to be followed for other carriers to get disclosure of information concerning possible sites where other carriers are allowed to install equipment necessary for interconnection
(ii)
 Procedures to be followed where other carriers request a Type I telecommunications carrier who installs Category I designated telecommunications facilities to consider the availability of and conditions for installation of equipment necessary for interconnection and obtain a response concerning the result of said consideration (if it refuses said installation, it shall contain rational reasons for the refusal) (including procedures for entry into the building pertaining to said request for said installation by other carriers (including entries to verify said response to the effect that said installation is accepted, and also to verify said response to the effect that said installation is refused because there are no places available for said installation))
(iii)
 Procedures to be followed where other carriers perform construction work or maintenance
(iv)
 Procedures to be followed where other carriers enter onto the site of the work or maintenance conducted by a Type I telecommunications carrier who install Category I designated telecommunications facilities
b)
 A standard period of time from the day of request made by other carriers to a Type I telecommunications carrier who installs Category I designated telecommunications facilities to consider the availability of and conditions for installation of equipment necessary for interconnection (including equipment necessary for indirect interconnection via telecommunications facilities, other than Category I designated telecommunications facilities, installed by Type I telecommunications carriers who install Category I designated telecommunications facilities; the same shall apply hereinafter) until the day when the installation work pertaining to said response is started after they obtain a response concerning the result of said consideration (when said response is to that effect of refusing the installation of equipment necessary for interconnection, a standard period of time until the day of said response) (except any time period due to any reason attributable to other carriers)
c)
 A standard period of time for work where the work is undertaken by a Type I telecommunications carrier who installs Category I designated telecommunications facilities (except any time period due to any reason attributable to other carriers)
d)
 The amount of money calculated pursuant to the method of calculating interconnection charge costs (for the value of net profit to net worth ratio, the provisions under Article 12 Paragraph (5) of the Rules for Interconnection Charges (Ministerial Ordinance of MPT No. 64 of 2000) shall apply mutatis mutandis) based upon the value of net fixed assets (the amount of money obtained after deduction of the equivalent amount of depreciation from the purchase costs of buildings, conduits, ducts or telephone tunnels installed by Type I telecommunications carriers who install Category I designated telecommunications facilities)
e)
 A fair and reasonable amount of money in light of the fair cost, under efficient management, to be borne by other carriers when obtaining disclosure of information in a) (i) (where calculated pursuant to the interconnection charge cost calculation method, the provisions under Article 12 Paragraph (5) of the Rules for Interconnection Charges shall apply mutatis mutandis for the value of net profit to net worth ratio)
f)
 An amount of money to be borne by other carriers with regard to the work or maintenance where undertaken by Type I telecommunications carriers who install Category I designated telecommunications facilities
g)
 In cases where other carriers install equipment necessary for interconnection (including equipment necessary for indirect interconnection via telecommunications facilities other than Category I designated telecommunications facilities installed by a Type I telecommunications carrier who installs Category I designated telecommunications facilities; hereinafter in this item and the following item the same shall apply), the amount of money the other carriers are to bear, and the conditions for the installation
iii)
 The following matters, in cases where other carriers install equipment necessary for interconnection, on telephone poles, etc. as owned by a Type I telecommunications carrier who installs Category I designated telecommunications facilities:
a)
 Procedures to be followed where other carriers install equipment necessary for interconnection
b)
 The amount of money other carriers are to bear
c)
 Terms and conditions in cases where other carriers install equipment necessary for interconnection
iv)
 The following matters, in cases where the interior wiring as actually installed by a Type I telecommunications carrier who installs Category I designated telecommunications facilities is used by other carriers:
a)
 Procedures to be followed where other carriers perform the work
b)
 The amount of money other carriers are to bear
c)
 Terms and conditions in cases where other carriers use the interior wiring
v)
 In cases where a Type I telecommunications carrier who installs Category I designated telecommunications facilities performs the work or maintenance, billing or collection of charges, or other operations pertaining to interconnection to Category I designated telecommunications facilities, the fair and reasonable amount of money in light of the fair cost, under efficient management, to be borne by other carriers (when calculated pursuant to the interconnection charge cost calculation method, the provisions under Article 12 Paragraph (5) of the Rules for Interconnection Charges shall apply mutatis mutandis for the value of net profit to net worth ratio)
vi)
 Matters with regard to the responsibilities to be borne by Type I telecommunications carriers who install Category I designated telecommunications facilities and other carriers to their users (except the provisions under Article 23-6 Item ii))
vii)
 Methods for handling essential communications as referred to in Article 8 Paragraph (1) of the Law
viii)
 Forms to be used either for a request made by other carriers for interconnection and for a response made to said request by a Type I telecommunications carrier who installs Category I designated telecommunications facilities (with respect to trunk system transmission line facilities for optical signals, it shall be the same as the Form as used where a Type I telecommunications carrier who installs Category I designated telecommunications facilities uses their trunk system transmission line facilities for optical signals)
ix)
 In cases where negotiations with other carriers fail to come to an agreement, the method used for settlement, either by mediation referred to in Article 88-12 Paragraph (1) or Article 88-15 Paragraph (1) of the Law, or by arbitration referred to in 88-13 Paragraph (1) or Article 88-15 Paragraph (3) of the Law
x)
 In addition to the ones listed under the preceding items, if there are matters regarding the terms and conditions for interconnection of telecommunications facilities that have important relations with the rights and obligations of other carriers, these matters
xi)
 In cases where the valid period is specified, that period
(3)
 The matters concerning disclosure of information referred to in a)-(i) of Item i) or a)-(i) of Item ii) of the preceding paragraph shall be as separately notified by the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(Notification of Interconnection Tariffs Concerning Interconnection with Category I Designated Telecommunications Facilities)
Article 23-5.
A person who intends to file a notification pursuant to the provisions under Article 38-2 Paragraph (5) of the Law shall submit a notification of Form 17-2, by attaching thereto a document including interconnection tariffs (in cases of a notification of changes, the comparison of the interconnection tariffs before and after the changes).
(Charges, and Terms and Conditions for Interconnection Requiring Notification of Interconnection Tariffs Concerning Interconnection to Category I Designated Telecommunications Facilities)
Article 23-6.
The charges, terms and conditions for interconnection as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38-2 Paragraph (5) of the Law shall be as follows:
i)
 Charges, and terms and conditions for interconnection for additional functions
ii)
 Of the matters regarding the responsibilities that Type I telecommunications carriers who install Category I designated telecommunications facilities or other carriers shall bear to their users, the following matters:
a)
 Matters pertaining to the sharing of the cost for origination, reception, routing, etc. of communications
b)
 Matters pertaining to the sharing of settings of charges to users
c)
 Matters pertaining to the sharing of billing and collection of charges from users
iii)
 Of the matters regarding the responsibilities that Type I telecommunications carriers who install Category I designated telecommunications facilities or other carriers shall bear, those matters pertaining to the sharing of interconnection charges
iv)
 Technical conditions for interconnection to be amended pursuant to the applicable ministerial ordinance of Ministry of Public Management, Home Affairs, Posts and Telecommunications and other laws and regulations which stipulate the technical standards as referred to in Article 41 Paragraph (1) of the Law or the standards of telecommunications numbers as referred to in Article 48-2 Paragraph (1) of the Law

(Application for Authorization of Agreements on Interconnection with Category I Designated Telecommunications Facilities)
Article 23-7.
A person who intends to obtain authorization pursuant to the provisions under Article 38-2 Paragraph (7) of the Law shall submit an application of Form 17-3, with the following documents attached thereto:
i)
 A copy of the agreement
ii)
 A document describing the amount of money the parties are to obtain or bear, and other details of the method of implementing the agreement, including settlement of debt
iii)
 A chart showing the outline of interconnection
iv)
 In cases of application for authorization of the changes, a document comparing the agreements before and after the changes
(Publication of Authorized Interconnection Tariffs, Etc.)
Article 23-8.
The publication of authorized interconnection tariffs as set forth in Article 38-2 Paragraph (8) of the Law shall be posted at business offices and other workplace and shall also be posted on the Internet, from the day of implementation thereof.
(Notification of Interconnection Agreements Pertaining to Authorized Interconnection Tariffs, Etc.)
Article 23-9.
A person who intends to file a notification pursuant to the provisions under Article 38-2 Paragraph (9) of the Law shall submit a notification of Form 17-4.
(Criteria for Category II Designated Telecommunications Facilities, Etc.)
Article 23-9-2.
(1)
 Designation and revocation of designation as referred to in Article 38-3 Paragraph (1) of the Law shall be effected by notice. In this case, the Minister of Public Management, Home Affairs, Posts and Telecommunications shall inform a Type I telecommunications carrier who receives said designation or revocation of designation pertaining to facilities to that effect.
(2)
 The mobile terminal equipment as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38-3 Paragraph (1) of the Law (hereinafter referred to as "specified mobile terminal equipment") shall be the radio equipment of a mobile radio station that performs mobile radio communications as defined in Article 7 Paragraph (9) of the Rules for Regulating Radio Equipment (Radio Regulatory Commission Rules No. 18 of 1950).
(3)
 The ratio as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 38-3 Paragraph (1) of the Law shall be one-fourth, and it shall be calculated by summing up the ratios as of the end of the previous business year and the business year before the previous business year and dividing the totaled ratio by two. In this case, the number of specified mobile terminal equipment to be interconnected to all transmission line facilities of the same type that are installed in the same area as the service area (hereinafter referred to as "subject service area" in this paragraph) pertaining to the telecommunications services using transmission line facilities installed by the same Type I telecommunications carrier as referred to in the same paragraph, shall be the total of the following numbers:
i)
 The number of specified mobile terminal equipment to be interconnected to said transmission line facilities installed by said Type I telecommunications carrier
ii)
 With regard to a portion of the subject service area that matches with a prefectural area, the number of specified mobile terminal equipment to be interconnected to all the transmission line facilities of the same type (except the transmission line facilities in the preceding item) as installed in the area of the prefecture
iii)
 With regard to a portion of the subject service area that does not match with a prefectural area, a number obtained by multiplying the number of specified mobile terminal equipment to be interconnected to all the transmission line facilities of the same type (except the transmission line facilities referred to in Item i)) as installed in the prefectural area to which said portion belongs, by the ratio of the population in said portion to the population in said prefecture
(4)
 Telecommunications facilities installed by said Type I telecommunications carrier in order to offer said telecommunications services pursuant to Article 38-3 Paragraph (1) of the Law as being stipulated by the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications, shall be the following ones:
i)
 Telecommunications facilities with functions of switching or editing codes (except signals), sound or image (hereinafter referred to as "switching facilities"), which are the following ones:
a)
 Facilities directly accommodating transmission line facilities to be interconnected to specified mobile terminal equipment (hereinafter referred to as "Category II designated terminal system switching facilities"
b)
 Switching facilities other than Category II designated terminal system switching facilities, which are used for communications with specified mobile terminal equipment within service areas (hereinafter referred to as "Category II designated trunk system switching facilities")
ii)
 Transmission line facilities that are the following ones:
a)
 Radio equipment of a radio station that sends radio waves to or receives radio waves from specified mobile terminal equipment (hereinafter referred to as "Category II designated terminal system base station")
b)
 Transmission line facilities installed between Category II designated terminal system base stations and buildings in which Category II designated terminal switching facilities are installed (hereinafter referred to as "Category II designated terminal system exchange")
c)
 Transmission line facilities installed between Category II designated terminal system exchanges and buildings in which Category II designated trunk system switching facilities are installed
(3)
 Facilities for performing management of information, control of telecommunications services, authentication of terminals, etc. pertaining to telecommunications services as provided from the facilities in the preceding two items
(4)
 In addition to the ones listed under the preceding three items, switching facilities, transmission line facilities or terminal equipment, ones with which proper and smooth interconnection of said facilities and equipment shall be ensured
(Notification of Interconnection Tariffs Concerning Interconnection with Category II Designated Telecommunications Facilities)
Article 23-9-3.
A person who intends to set forth or change interconnection tariffs pursuant to the provisions under Article 38-3 Paragraph (2) of the Law shall submit a notification of Form 17-5 by no later than seven days prior to the day of implementation thereof, by attaching thereto the interconnection tariffs (in cases of notification of changes, the comparison of the interconnection tariffs before and after the changes) describing the following matters:
i)
 Points of interconnection with telecommunications facilities of other telecommunications carriers
ii)
 Technical conditions at points given in the preceding item, as applied at the time of interconnection with telecommunications facilities of other telecommunications carriers
iii)
 Interconnection charges pertaining to the functions of telecommunications facilities that are to be interconnected
iv)
 Matters concerning the responsibilities that are to be borne by Type I telecommunications carriers who install Category II designated telecommunications facilities and by other telecommunications carriers (hereinafter referred to as "other carriers" in this article) who interconnect telecommunications facilities with Category II designated telecommunications facilities
v)
 Procedures for conclusion and termination of interconnection agreements
vi)
 A standard period of time from the day of receipt of a request for interconnection to the day of actual start of interconnection, upon interconnection with telecommunications facilities of other telecommunications carriers
vii)
 Matters concerning the responsibilities that Type I telecommunications carriers who install Category II designated telecommunications facilities and other carriers are to bear to users of said facilities
viii)
 Methods of handling essential communications as referred to in Article 8 Paragraph (1) of the Law
ix)
 If, in addition to the ones listed under the preceding items, there are matters concerning interconnection of telecommunications facilities that have an important relation with the rights or obligations of other carriers, these matters
x)
 In cases where an effective period is specified, that period
xi)
 In cases where negotiations with other carriers fail to come to an agreement, the method of dispute settlement, either by mediation under Article 88-12 Paragraph (1) or Article 88-15 Paragraph (1) of the Law, or by arbitration under 88-13 Paragraph (1) or Article 88-15 Paragraph (3) of the Law
(Publication of Notification Interconnection Tariffs)
Article 23-9-4.
The provisions in Article 23-8 shall apply mutatis mutandis for publication of the notified interconnection tariffs as defined in Article 38-3 Paragraph (5) of the Law.
(Notification of Interconnection Agreements)
Article 23-10.
A Type I telecommunications carrier who intends to conclude or change interconnection agreements pursuant to the provisions under Article 38-4 Paragraph (1) shall file an application form in accordance with Form 17-6, with the following documents attached thereto:
i)
 A copy of the agreement
ii)
 A document describing the amount of money the parties are either to obtain or to bear, the calculation method thereof, and the detailed procedures for the implementation of the agreement
iii)
 A diagram showing an outline of the interconnection
iv)
 In the case of notification of changes, a document comparing the agreements before and after the changes
(Notification of Interconnection Tariffs)
Article 23-11.
A person who intends to set forth or change interconnection tariffs in accordance with Article 38-4 Paragraph (2) of the Law shall submit a notification of Form 17-5, by no later than seven days prior to the day of implementation thereof, by attaching thereto the interconnection tariffs describing the following matters (in cases of notification of changes, the comparison of the interconnection tariffs before and after the changes):
i)
 Points of interconnection with telecommunications facilities of other telecommunications carriers
ii)
 Technical conditions at the points in the preceding item, as applicable at the time of interconnection with telecommunications facilities of other telecommunications carriers
iii)
 Interconnection charges pertaining to the functions of telecommunications facilities that are to be interconnected
iv)
 Matters concerning the responsibilities that a Type I telecommunications carrier and other telecommunications carriers who interconnect telecommunications facilities with said Type I telecommunications carrier are to take
v)
 Procedures for concluding and terminating interconnection agreements
vi)
 A standard period of time from the day of receipt of a request for interconnection to the day of actual start of interconnection, upon interconnection with the telecommunications facilities of other telecommunications carriers
vii)
 Matters concerning the responsibilities that a Type I telecommunications carrier and other telecommunications carriers who interconnect telecommunications facilities with said Type I telecommunications carrier are to bear to users of said facilities
viii)
 Methods of handling essential communications as referred to in Article 8 Paragraph (1) of the Law
ix)
 If, in addition to the ones under the preceding items, there are matters concerning the interconnection of telecommunications facilities that have an important relationship with the rights or obligations of a Type I telecommunications carrier and other telecommunications carriers who interconnect telecommunications facilities, these matters
x)
 In cases where an effective period is specified, that period
(Publication of Notified Interconnection Tariffs)
Article 23-12.
The provisions in Article 23-8 shall apply mutatis mutandis for the publication of interconnection tariffs as specified in Article 38-4 Paragraph (3) of the Law.
(Notification of Interconnection Agreements Pertaining to Interconnection Tariffs)
Article 23-13.
A person who intends to file a notification pursuant to the provisions under Article 38-4 Paragraph (4) shall submit a notification of Form 17-7.
(Petition Pertaining to Interconnection)
Article 23-14.
A Type I telecommunications carrier who intends to file a petition pursuant to the provisions under Article 39 Paragraph (1) or (2) of the Law shall submit a petition of Form 17-8.
(Application for Award Pertaining to Interconnection)
Article 23-15.
A Type I telecommunications carrier who intends to file an application for award as referred to in Article 39 Paragraph (3) or (4) of the Law shall submit an application of Form 17-9.
(Notification of a Plan on Change or Addition of Functions of Category I Designated Telecommunications Facilities)
Article 24.
A person who intends to file a notification as referred to in Article 39-2 Paragraph (1) of the Law shall submit a notification of Form 18 (in cases of a notification of changes, a notification of Form 18 with a document describing the plans before and after the changes as stipulated under the same paragraph attached thereto (referred to as "the plan" in the following article and in Article 24-4), for each function of said Category I designated telecommunications facilities that other telecommunications carriers may use.
(Time Limit for Notification)
Article 24-2.
(1)
 The number of days as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 39-2 Paragraph (1) of the Law shall be two hundred days except for cases listed in the following items:
i)
 One hundred and forty days, in cases where functional changes or addition is to be made strictly in accordance with the technical conditions pursuant to the Recommendations based upon the International Telecommunication Union Constitution and Convention, and relevant to the interconnection as separately notified by the Minister of Public Management, Home Affairs, Posts and Telecommunications.
ii)
 Forty days, in the case of a notification of a plan on functional changes or addition to be made upon request from other specific telecommunications carriers, where only said other telecommunications carriers use said function and anticipate to pay the costs of said change, etc.
iii)
 Sixty days, for notification pursuant to the provisions in the latter part of Paragraph (1) of Article 39-2 of the Law. However, seven days, in cases where said notification is pertaining to the change of the plan to be made upon instruction as provided for under Article 39-2 Paragraph (3) of the Law
(2)
 Notwithstanding the provisions in the operative part of Item iii) of the preceding paragraph, a Type I telecommunications carrier who installs Category I designated telecommunications facilities is not required to notify the plan within the specified number of days as stipulated under said provisions, in cases where there are reasonable grounds for not being able to file a notification within the specified number of days and there is no possibility of hindering smooth interconnection between telecommunications facilities of other telecommunications carriers and Category I designated telecommunications facilities, and an approval has been granted from the Minister of Public Management, Home Affairs, Posts and Telecommunications.
(Publication of the Plan on Change or Addition of Functions of Category I Designated Telecommunications Facilities)
Article 24-3.
(1)
 A person who intends to disclose the plan in accordance with the provisions under Article 39-2 Paragraph (2) of the Law shall post, through the official gazette Kampo, within thirty days from the day of notification, the outline of the plan that was notified to the Minister of Public Management, Home Affairs, Posts and Telecommunications pursuant to the provisions under Paragraph (1) of the same article, while posting it for inspection at business offices and other workplaces within seven days therefrom. In this case, a person who intends to make said disclosure shall send a notice to telecommunications carriers who made prior requests, before posting said plan on the official gazette, and hold a briefing on said plan within seven business days from the day of disclosing the plan through the official gazette.
(2)
 Notwithstanding the provisions under the preceding paragraph, in the case as set forth in Paragraph (1) Item ii) of the preceding article, a person who intends to disclose pursuant to the provisions under Article 39-2 Paragraph (2) of the Law shall disclose, through the official gazette, the outline of the plan that was notified to the Minister of Public Management, Home Affairs, Posts and Telecommunications, within thirty days prior to the day when provision of functions pertaining to said plan is commenced, while posting said plan for inspection at business offices and other workplaces within thirty days prior to the commencement of provision of functions pertaining to said plan.
(Change of the Date of Starting Construction)
Article 24-4.
(1)
 A person who intends to file a notification pursuant to the provisions under Article 39-2 Paragraph (1) of the Law (except cases pertaining to changes of the plan to be made in accordance with instructions under Paragraph (3) of the same article), shall set a period of more than thirty days for accepting opinions of other telecommunications carriers calculated from the day when the outline of the plan is posted on the official gazette in accordance with the provisions under Paragraph (1) of the same article.
(2)
 A person who intends to file a notification pursuant to the provisions under Article 39-2 Paragraph (1) of the Law may change the day of starting the construction work, in cases where, after elapse of the opinion acceptance period as provided in the preceding paragraph, no requests or opinions for the plan have been sent from other telecommunications carriers and there is no possibility of hindering smooth interconnection between telecommunications facilities of other telecommunications carriers and Category I designated telecommunications facilities. Incidentally, the outline of the plan after changing the day shall be posted on the official gazette.
(Functions Not Requiring Notification)
Article 24-5.
The functions as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 39-2 Paragraph (1) of the Law shall be as follows:
i)
 Functions of rewriting programs or data, for use in Category I designated telecommunications facilities of Type I telecommunications carriers who install Category I designated telecommunications facilities in order to change or add functions for Category I designated telecommunications facilities
ii)
 Functions of measuring the traffic concerning Category I designated telecommunications facilities of Type I telecommunications carriers who install Category I designated telecommunications facilities
iii)
 Functions of billing charges for telecommunications services as provided by Type I telecommunications carriers who install Category I designated telecommunications facilities or functions of calculating said charges (except functions of settling up charges concerning telecommunications services with other telecommunications carriers)
iv)
 Functions of monitoring or controlling Category I designated telecommunications facilities (except functions affecting the handling of communications of other telecommunications carriers)
v)
 Functions of immediately collecting charges for telecommunications services as provided by pay phones (limited to functions pertaining to transmitting and switching signals between Category I designated local switches and pay phones)
vi)
 Functions of interconnecting only with a specific department, such as maintenance/administration departments of Type I telecommunications carriers who install Category I designated telecommunications facilities, via switching facilities and transmission line facilities (except functions pertaining to interconnection with other telecommunications carriers)
vii)
 Functions that users of telecommunications services as provided by Type I telecommunications carriers who install Category I designated telecommunications facilities are to use in order to set or change the conditions of use from terminal equipment (except functions for setting or changing the conditions concerning interconnection with other telecommunications carriers), offering of functions thereof which is possible without using telecommunications facilities other than Category I designated local switches)
viii)
 Directory assistance functions (except functions concerning interconnection with other telecommunications carriers)
ix)
 Functions of switching codes through routers (meaning telecommunications equipment switching codes in accordance with the Internet Protocol)
x)
 Functions of multiplexing through use of digital subscriber line access multiplexers (DSLAMs) (limited to a transmission method pursuant to the ITU-T Recommendations G.992.1 Annex C and G.992.2 Annex C)
xi)
 Functions of splitting sound and codes pertaining to transmission by their frequency, by using digital subscriber line signal splitters
xii)
 Functions of converting between optical and electrical signals by using optical-electrical signal converters
(Application for Authorization of Facilities Sharing Agreement)
Article 25.
A Type I telecommunications carrier who intends to obtain authorization as stipulated in Article 39-3 Paragraph (1) of the Law shall file an application form in accordance with Form 18-2, with the following documents attached thereto:
i)
 A copy of the agreement
ii)
 A document showing the amount of money the parties are to obtain or bear, the calculation method thereof and also the detailed procedure for implementation of the agreement
iii)
 A diagram showing an outline of the shared facilities
iv)
 In the case of application for authorization of changes, a document comparing the agreements before and after the changes
(Notification of Facilities Sharing Agreement)
Article 25-2.
A Type I telecommunications carrier who intends to file a notification as stipulated in Article 39-3 Paragraph (5) of the Law shall submit a notification in accordance with Form 18-3, with the following documents attached thereto:
i)
 A copy of the agreement
ii)
 In the case of notification of changes, a document comparing the agreements before and after the changes
(Petition Pertaining to Facilities Sharing)
Article 25-3.
A Type I telecommunications carrier who intends to file a petition as stipulated in Article 39-4 Paragraph (1) of the Law shall submit a petition of Form 17-8.
(Application for Award on Facilities Sharing)
Article 25-4.
A Type I telecommunications carrier who intends to file an application for award as stipulated in Article 39 Paragraph (3) or (4) of the Law to which the provisions of Article 39-4 Paragraph (2) of the Law shall apply mutatis mutandis, shall submit an application of Form 17-9.
(Notification of Contract for Provision of Wholesale Telecommunications Services)
Article 25-5.
A person who intends to conclude or modify contracts for provision of wholesale telecommunications services in accordance with the provisions of Article 39-5 Paragraph (1) of the Law shall submit a notification of Form 19 by attaching thereto a document containing a copy of the contract (in the case of notification of changes, a document comparing the contracts before and after the changes).
(Notification of Tariffs Concerning Wholesale Telecommunications Services)
Article 25-6.
A person who intends to set forth or modify tariffs for charges for wholesale telecommunications services and other terms and conditions for provision thereof in accordance with the provisions of Article 39-5 Paragraph (2) of the Law shall, within seven days prior to the day of implementation thereof, submit a notification of Form 19-2 by attaching thereto a document showing the tariffs (in cases of notification of changes, a document comparing the tariffs before and after the changes).
(Publication of Tariffs Concerning Wholesale Telecommunications Services)
Article 25-7.
The provisions under Article 23-8 shall apply mutatis mutandis to the publication of tariffs concerning wholesale telecommunications services as stipulated in Article 39-5 Paragraph (4) of the Law.
(Application for Award Pertaining to Provision of Wholesale Telecommunications Services)
Article 25-8.
A Type I telecommunications carrier who intends to apply for award as referred to in Article 39 Paragraph (3) or (4) of the Law to which the provisions of Article 39-6 of the Law shall apply mutatis mutandis shall submit an application of Form 19-3.
(Petition Pertaining to Provision of Wholesale Telecommunications Services)
Article 25-9.
A Type I telecommunications carrier who intends to file a petition as referred to in Article 39-4 Paragraph (1) of the Law to which the provisions of Article 39-6 of the Law shall apply mutatis mutandis shall submit a petition of Form 19-4.
(Application for Authorization of Agreement, Etc. with Foreign Government, Etc.)
Article 26.
A Type I telecommunications carrier who intends to obtain authorization as referred to in Article 40 shall submit an application of Form 20, with the following documents attached thereto:
i)
 A copy of the agreement or contract
ii)
 A document showing the details of the method of implementing the agreement
iii)
 In cases of application for authorization of changes, a document comparing the agreements before and after the changes
(Important Matters in Agreement, Etc. with Foreign Government, Etc.)
Article 27.
The important matters as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 40 of the Law, which are pertaining to Type I telecommunications carriers shall be as follows:
i)
 The following matters in cases of agreements containing clauses on tie-ups for offering telecommunications services:
a)
 When setting, modifying, or abolishing telecommunications circuits (limited to those handling telecommunications services (hereinafter referred to as "telephony services, etc." in this item and Article 39 Item i)) whereby communications is made via telecommunications facilities for voice transmission and switching) is intended, the route and the type and description of telecommunications services offered in that route
b)
 The amount of money the parties are to obtain or bear for offering telephony services, etc. and the ratio of communications volume to be handled
ii)
 Matters, in addition to those listed in the preceding item, deemed as matters significantly affecting provision of telecommunications services
(Administrative Rules)
Article 28.
(1)
 A Type I telecommunications carrier who intends to file a notification pursuant to the provisions under Article 43 Paragraph (1) of the Law shall submit a notification of Form 21, with the administrative rules attached thereto.
(2)
 A Type I telecommunications carrier who intends to file a notification pursuant to the provisions under Article 43 Paragraph (2) of the Law shall submit a notification of Form 22.
Article 29.
The administrative rules as established by a Type I telecommunications carrier in accordance with Article 43 Paragraph (1) of the Law shall be as follows:
i)
 Matters concerning the duties or organization of those who manage tasks for construction, maintenance or operations of telecommunications facilities for telecommunications business
ii)
 When a chief telecommunications engineer cannot perform duties because of illness, accident or other reasons, matters concerning a person who performs duties for the chief telecommunications engineer
iii)
 Matters concerning education to persons engaged in construction, maintenance or operations of telecommunications facilities for telecommunications business
iv)
 Matters concerning patrol, check and inspection pertaining to construction, maintenance and operations of telecommunications facilities for telecommunications business
v)
 Matters concerning operations of telecommunications facilities for telecommunications business
vi)
 Matters concerning the confidentiality of communications in construction, maintenance and operations of telecommunications facilities for telecommunications business
vii)
 Matters concerning reporting, recording and measures to be taken in cases where an accident occurs regarding construction, maintenance and operations of telecommunications facilities for telecommunications business
viii)
 Matters concerning measures to be taken at the event of disaster or other emergency
ix)
 Other matters required to ensure reliable and stable offering of telecommunications services, concerning construction, maintenance and operations of telecommunications facilities for telecommunications business
(Authorization of Technical Conditions)
Article 30.
A person who intends to establish technical conditions with authorization from the Minister of Public Management, Home Affairs, Posts and Telecommunications, in accordance with the provisions in Article 49 Paragraph (1) and Article 52 Paragraph (1) Item i) of the Law shall file an application of Form 23, with the proposed technical conditions attached thereto.
(Cases Where User's Request for Connection of Terminal Equipment Can Be Refused)
Article 31.
The cases as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 49 Paragraph (1) of the Law shall be the cases where a request from a user is made for connection of terminal equipment using radio waves (except those defined separately by notice), pay phones, and others of which interconnection by the user is extremely inappropriate, etc. (limited to those notified pursuant to Article 31-4 Paragraph (1) of the Law or authorized pursuant to Paragraph (3) of the same article).
(Inspection of Connection of Terminal Equipment)
Article 32.
(1)
 The cases as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 51 Paragraph (1) of the Law shall be as follows:
i)
 Cases where terminal equipment is moved within the same premises
ii)
 Cases where terminal equipment not for telephone calls or terminal equipment not having network control functions is added, replaced or modified
iii)
 Cases where the Defense Agency submitted materials necessary for judging whether the connection of terminal equipment pertaining to inspection of Type I telecommunications carriers is in conformity with the technical standards as stipulated in Article 49 Paragraph (1) of the Law
iv)
 Cases where it is deemed that there is no possibility of non-conformity with the technical standards as provided in Article 49 Paragraph (1) of the Law if a Type I telecommunications carrier omits inspection as required for connection of said terminal equipment, and where such connection of said terminal equipment is made for which a notice was set forth and publicly announced to the effect that the omission of inspection is appropriate
v)
 Cases where connection was made of terminal equipment that the designated approval agency as in Article 68 Paragraph (1) of the Law or the recognized approval body as provided for in Article 72-3 Paragraph (2) granted the technical conditions compliance approval with regard to conformity with the technical conditions as set forth with authorization from the Minister of Public Management, Home Affairs, Posts and Telecommunications by a Type I telecommunications carrier pursuant to the provisions under Article 49 Paragraph (1) of the Law (including conformity with the technical standards as provided for in the same paragraph)
(2)
 The cases as specified under the applicable ministerial ordinance of the Ministry of Public Management, Home Affairs, Posts and Telecommunications in accordance with Article 51 Paragraph (2) of the Law shall be as follows:
i)
 Cases where a Type I telecommunications carrier requests inspection after business hours of a user and during a period from sunset to sunrise
ii)

Cases where the Defense Agency submits materials necessary for judging whether the connection of terminal equipment pertaining to inspection of a Type I telecommunications carrier is in conformity with the technical standards as provided for under Article 49 Paragraph (1) of the Law.

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