BROADCAST LAW

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Chapter III-3 Program-supplying Broadcaster

(Approval)
Article 52-13.
(1)

Any person who intends to be engaged in the program-supplying broadcast business shall have approval of the Minister of Posts and Telecommunications for such person's conformance with each of the following items:

i)

This person shall be able to receive the facility-supplying broadcast service to be provided;

ii)

This person shall have a financial standing to maintain such a broadcasting business operation;

iii)

Freedom of expression exercised through the use of a facility-supplying broadcaster shall conform with the standards as stipulated in the Ordinance of the Ministry of Posts and Telecommunications so as to enable as many people as possible to enjoy such freedom of expression;

iv)

Such a Ministerial approval shall be appropriate for the propagation of broadcasting and its sound development;

v)

A person who intends to conduct the business activities concerned shall not come under any one of the following items from a) to i):

a)

A person who does not have Japanese nationality;

b)

A foreign government or its representative;

c)

A foreign juridical person or organization;

d)

A juridical person or organization whose business activities are executed by directors who come under the preceding items a) to c) or if such persons possess not less than one fifth of the rights of voting of such juridical person or organization;

e)

A person who was fined or sentenced to a heavier penalty by committing an offense stipulated in this Law and two years have not elapsed since the end of the execution of such punishment or the day the execution of punishment was terminated;

f)

A person whose approval was revoked according to the stipulations of Article 52-23 or Article 52-24 paragraph (2) (except item v) ) and two years have not elapsed since the date of the revocation;

g)

A person whose license for a broadcasting station was revoked according to the stipulations of Article 75 of the Radio Law and two years have not elapsed since the date of the revocation;

h)

A person whose license for a broadcasting station was revoked according to the stipulations of Article 76 paragraph (2) item iii) of the Radio Law (limited to a revocation related to an order calling for the termination of the operation of a broadcasting station according to the stipulations of paragraph (1) of the same article in violation of the stipulations of this Law, or order or action based thereon, or a revocation related to the limitation of the allowed operation time, frequency or antenna power) and two years have not elapsed since the date of the revocation;

i)

A juridical person or organization whose directors come under any one of the preceding items e) to h).

(2)

A person who intends to receive the approval mentioned in the preceding paragraph shall submit to the Minister of Posts and Telecommunications an application stating the following matters according to the stipulations of the Ordinance of the Ministry of Posts and Telecommunications:

i)

Name or title and the address, and the name of the representative in the case of a juridical person;

ii)

Kind of broadcast to be entrusted with a facility-supplying broadcaster;

iii)

Other party to whom one desires to entrust the broadcasting with ;

iv)

Desired orbit or position of an artificial satellite in which the radio station of the facility-supplying broadcaster is installed;

v)

Desired frequency for the broadcasting to be entrusted;

vi)

Scheduled date for starting the broadcast activities;

vii)

Entrusted broadcasting matters.

(3)

The application mentioned in the preceding paragraph shall be attached with a business plan and other documents as provided for in the Ordinance of the Ministry of Posts and Telecommunications.

(Designated Matters and A Certificate)
Article 52-14.
(1)

The approval mentioned in paragraph (1) of the preceding Article shall be granted by designating the following matters:

i)

Other party with whom to entrust the broadcast;

ii)

An orbit or position of an artificial satellite in which the radio station of the party to whom the broadcast is entrusted is installed;

iii)

Frequency for the broadcast to be entrusted.

(2)

The Minister of Posts and Telecommunications shall issue a certificate upon approval as mentioned in paragraph (1) of the preceding article.

(3)

The certificate shall be entered with the following matters:

i)

The Date and the number of approval;

ii)

Name or title of a person approved;

iii)

Type of broadcast to be entrusted;

iv)

Other party to whom the broadcast is entrusted;

v)

Orbit or position of an artificial satellite in which the radio station of the party to whom the broadcast is entrusted is installed;

vi)

Frequency for the broadcast to be entrusted;

vii)

Entrusted broadcasting items.

(Report on Start and Suspension of Business activities)
Article 52-15.
(1)

A program-supplying broadcaster must, when approved under Article 52-13 paragraph (1), report without delay to the Minister of Posts and Telecommunications on the starting date of business activities.

(2)

The program-supplying broadcaster must, when intending to suspend program-supplying broadcast for a period not shorter than one month, report such a period to the Minister of Posts and Telecommunications. The same shall apply when intending to change such a period of suspension of business activities.

(Renewal of Approval)
Article 52-16.
(1)

Approval under Article 52-13 paragraph (1) shall be invalidated unless renewed every five years.

(2)

The Minister of Posts and Telecommunications must, upon receiving an application for the renewal of the approval under the preceding paragraph, must renew the approval except when the Minister deems that the applicant does not conform with Article 52-13 paragraph (1), item iii).

(Changes of Matters Related to Facility-supplying Broadcasting, etc.)
Article 52-17.
(1)

A program-supplying broadcaster must, when intending to change any of the entrusted broadcasting matters, obtain permission in advance from the Minister of Posts and Telecommunications.

(2)

The Minister of Posts and Telecommunications shall, in the case a person other than the other party of a program-supplying broadcaster to whom broadcasting is to be entrusted (hereinafter referred to as the ''other entrusted party'' in this paragraph) is licensed according to the stipulations of the Radio Law for a radio station for the entrusted domestic broadcast or entrusted domestic and overseas broadcasting that requires the orbit or position of an artificial satellite and frequency concerned with the entrusted broadcast to be stated in the license concerned, or in the case the other entrusted party is approved or designated to change the orbit or position of the artificial satellite or frequency, or, in the case of equivalent nature as provided for in the Ordinance of the Ministry of Posts and Telecommunications, change the designation of items stated in respective items of Article 52-14 paragraph (1) upon receiving an application from the program- supplying broadcaster concerned.

(Succession)
Article 52-18.
(1)

In the case of the succession of a program-supplying broadcaster, the heir shall inherit the position of the program-supplying broadcaster. In this case, the heir shall report the matter without delay to the Minister of Posts and Telecommunications by attaching documents certifying the fact of the succession.

(2)

In the case of a merger of a juridical person as a program-supplying broadcaster a juridical person that remains after the merger or a juridical person established by the merger may succeed the position of the program-supplying broadcaster upon approval by the Minister of Posts and Telecommunications.

(3)

The stipulations in Article 52-13 paragraph (1) shall apply mutatis mutandis to the approval mentioned in the preceding paragraph.

(Amendment of Certificate)
Article 52-19.

A program-supplying broadcaster shall, should any change occur to the matters stated in his certificate, submit the certificate to the Minister of Posts and Telecommunications for amendment accordingly.

(Abolition of Business)
Article 52-20.

A program-supplying broadcaster shall, when intending to discontinue business, report the matter to the Minister of Posts and Telecommunications.

Article 52-21.

In the case of a program-supplying broadcaster discontinuing broadcast business activities, the approval issued under Article 52-13 paragraph (1) shall be invalidated.

(Return of Certificate)
Article 52-22.

In the case a certificate issued under Article 52-13 paragraph (1) has been invalidated, the ex-program-supplying broadcaster shall return the certificate within one month of the invalidation.

(Revocation of Approval, etc.)
Article 52-23.

The Minister of Posts and Telecommunications must revoke the approval in the case of a program-supplying broadcaster coming under the stipulations of Article 52-13 paragraph (1) item v) (except f) ).

Article 52-24.
(1)

The Minister of Posts and Telecommunications may, in the case when a program-supplying broadcaster violates this Law or an order or action based thereon, order the program-supplying broadcaster to suspend business for a fixed period not longer than three months.

(2)

The Minister of Posts and Telecommunications may, if a program- supplying broadcaster comes under any one of the following items, revoke the approval:

i)

If a program-supplying broadcaster suspended the broadcast business without justifiable reason for a period not less than six months;

ii)

If a program-supplying broadcaster obtained approval under Article 52-13 paragraph (1), or the permission under Article 52-17 paragraph (1) by an illegal means;

iii)

If a program-supplying broadcaster failed to obey the order issued under the stipulations of the preceding paragraph;

iv)

If a program-supplying broadcaster who is licensed for a radio station is revoked of such license according to the provisions of Article 76 paragraph (2) of the Radio Law;

v)

If the license for a radio station in an artificial satellite of the other entrusted party is invalidated.

Article 52-25.

The Minister of Posts and Telecommunications shall, in the case an action was taken against a program-supplying broadcaster according to the stipulations of the preceding two articles, send to the broadcaster a document stating the reason for such an action.

(Notification)
Article 52-26.

The Minister of Posts and Telecommunications shall, upon receiving a notice of abolition of business according to the stipulations of Article 52-20, revoking the approval according to the stipulations of Article 52-23 or Article 52-24 paragraph (2), or issuing an order for the suspension of business according to the stipulations of paragraph (1) of the same article, notify the matter to the opposite party of the program- supplying broadcaster concerned with such a notice of abolition of business, the revocation of approval or the order for the suspension of business.

(Editing Broadcasting Programs for Entrusted Domestic and Overseas Broadcasting)
Article 52-27.

In editing broadcasting programs of entrusted domestic and overseas broadcasting, program-supplying broadcasters must take into consideration the natural, economic, social and cultural conditions of the countries that are the target of said entrusted domestic and overseas broadcasting as much as possible, so that friendship and exchange with other countries are not impaired.

(Application of general rules etc. for compiling etc. of broadcast program)
Article 52-28.
(1)

In the case where the stipulations of Chapter I-2 and Chapter III apply to a program-supplying broadcaster (except Article 3-3 paragraph (2) and Article 6-2, when these stipulations apply to the program-supplying broadcaster stipulated in the subsequent paragraph), ''Domestic Broadcasting'' in Article 3-2 and Article 3-3 paragraph (2) shall read as ''Entrusted Domestic Broadcasting''; ''broadcasting'' in Article 3-2 paragraph (3) shall read as ''entrusting to broadcast''; ''broadcasting of items'' in Article 3-5 shall read as ''entrusting of the broadcasting of items (items entrusted for broadcasting)''; ''conduct or conducting'' in Article 3-5, Article 51 paragraph (1), Article 51-2, and Article 52-2 shall read as ''entrusts to conduct''; ''broadcast'' in Article 4 paragraph (1) shall read as ''entrust broadcasting''; ''broadcast matter'' in the same paragraph shall read as ''matter entrusted to broadcast''; ''shall'' in the same paragraph shall read as ''shall entrust to''; ''broadcasting'' in Article 4 paragraph (2) of the same Article shall read ''entrusted broadcasting''; ''shall not'' in Article 6 shall read as ''shall not entrust''; ''conduct'' in Article 6-2 shall read ''entrust to conduct''; ''over former's broadcast equipment or through other broadcaster's'' in Article 52 shall read as ''over facility-supplying broadcaster's equipment''; ''agreement clauses'' in Article 52-4 paragraph (1) shall read as ''agreement clauses with a person who entrusts broadcasting''; ''means broadcast conducted'' in the same paragraph shall read as ''means entrusting a broadcasting conducted''; ''when the paid broadcasting is'' in the same paragraph and the Article 52 paragraph (3) shall read as ''when the paid broadcasting entrusts broadcasting''; ''other than'' in the same paragraph and paragraph (4) shall read as ''the broadcasting is conducted''; ''multiplex'' in Article 52-4 paragraph (7) shall read ''entrusted multiplex''; ''receive said paid broadcasting'' in Article 52-5 shall read as ''receive broadcasting related to the said service''; ''use of receiving equipment for said paid broadcasting'' in the same Article shall read as ''use of receiving equipment for said broadcasting''; ''his paid broadcasting services'' in Article 52-6 shall read as ''the broadcasting concerning his paid broadcasting service''; ''Article 5 paragraph (1) items i) to iii) inclusive of the Radio Law'' in Article 52-8 paragraph (1) shall read as ''Article 52-13 paragraph (1) item v), a) to c)'' ; and ''Article 5 paragraph (4) item ii) (or Article 5 paragraph (1) item iv) )in the case of a facility-supplying broadcaster) in the same paragraph'' shall read ''item ii) d)''.

(2)

The provisions of Article 3-2, Article 3-3 paragraph (2), and Article 6-2 shall be applied to program-supplying broadcasters that entrust others to carry out domestic and overseas broadcasting, as the entrusted domestic and overseas broadcasting is considered entrusted domestic broadcasting. In this case, the term ''domestic broadcasting'' in Article 3-2 and Article 3-3 paragraph (2) shall read as ''entrusted domestic broadcasting''; the term ''in compiling and broadcasting an educational programs'' in Article 3-2 paragraph (3) shall read as ''in compiling and entrusting broadcasting an educational program''; the phrase ''conduct domestic broadcasting'' in Article 6-2 shall read ''entrust to conduct entrusted domestic broadcasting''; and the phrase ''conduct'' shall read ''entrust to conduct''.