July 10, 2020 Guidance to Rakuten Mobile on Compliance with Radio Act and Regulations regarding Handling of Specified Radio Equipment and Thorough Protection of User Interests
The Ministry of Internal Affairs and Communications has today given guidance in writing to Rakuten Mobile, Inc. (Representative Director and President Yoshihisa Yamada) on the company’s compliance with the Radio Act and regulations regarding the handling of specified radio equipment and thorough protection of user interests.
Rakuten Mini is a product that Rakuten Mobile, Inc., a certified dealer, sells by acquiring a Construction Type Certification based on provisions* of the Radio Act (Act No. 131 of 1950). However, there was a possibility that the product was not in full conformity with the granted Construction Type Certification. On June 12, 2020, MIC demanded that Rakuten Mobile, Inc. report the handling status of the product under the provisions* of Article 38-29 and Article 38-20, Paragraph 1 of the Radio Act.
In response, Rakuten Mobile submitted a report on June 26, 2014.
According to the report, there were three types of Rakuten Mini models, each of which operated in a different frequency band. Furthermore, Rakuten Mobile’s noncompliance included the following facts:
Rakuten Mobile sold equipment that did not match the certified construction design as products manufactured according to the construction design.
Rakuten Mobile manufactured and sold specified radio equipment that displayed numbers different from the assigned construction design certification numbers.
Rakuten Mobile manufactured and sold three types of devices, each of which operated in a different frequency band, to consumers without explaining the frequency band differences.
The Regulations for Enforcement of the Act for Implementation of the Mutual Recognition between Japan and Foreign States in Relation to Results of Conformity Assessment Procedures of Specified Equipment (Act No. 111 of 2001) apply mutatis mutandis.
2. Guidance content
The facts revealed are problematic from the viewpoint of legal compliance and protection of user interests. MIC has today gave a stern warning and issued a written instruction to the company to ensure compliance with laws and regulations and to protect the interests of its users by implementing measures to prevent recurrences as described in the report. Furthermore, MIC requested that Rakuten Mobile report the status of its efforts each month until the end of December of this year.
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International Policy Division, Global Strategy Bureau, MIC
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