Article 6A telecommunications carrier must not engage in unfair and discriminatory treatment with regard to the provision of telecommunications services.

Article 7A telecommunications carrier that provides universal telecommunications services (telecommunications services which are specified by Order of the Ministry of Internal Affairs and Communications as those that are to be provided nationwide due to their indispensability to the lives of the people; hereinafter the same applies) must make efforts to provide the services in an appropriate, fair and stable manner.

Article 8(1)A telecommunications carrier must, if a natural disaster, an accident or any other emergency occurs or is likely to occur, give priority to communications on particulars that are necessary for prevention of a disaster or relief efforts about it, for securing transportation, communications or electric power supply, or for maintaining the public order. The same applies to other communications that are specified by Order of the Ministry of Internal Affairs and Communications to be conducted urgently for the public interest.

(2)In the cases set forth in the preceding paragraph, a telecommunications carrier may, if necessary, suspend part of its telecommunications operations in accordance with the standards specified by Order of the Ministry of Internal Affairs and Communications.

(3)If a telecommunications carrier interconnects its telecommunications facilities with another telecommunications carrier's telecommunications facilities in order to ensure the implementation of the communications set forth in paragraph (1) (hereinafter referred to as "essential communications") in a smooth manner while trying to achieve mutual corporation, it must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, take necessary measures, including concluding an agreement for preferential treatment of essential communications, and others.

Article 9A person that intends to operate a telecommunications business must obtain a registration from the Minister for Internal Affairs and Communications; provided, however, that this does not apply to the following cases:

Article 10(1)A person that intends to obtain a registration as set forth in the preceding Article must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, file a written application describing the following particulars with the Minister for Internal Affairs and Communications:

(2)The written application set forth in the preceding paragraph must be filed with a document in which the person pledges that they do not fall under Article 12, paragraph (1), item(i) through item (iii), and other documents specified by Order of the Ministry of Internal Affairs and Communications attached thereto.

Article 11(1)When an application for the registration set forth in Article 9 is filed, the Minister for Internal Affairs and Communications must register the following particulars in a register for the telecommunications carriers, except the case in which the Minister refuses the registration pursuant to the provisions of paragraph (1) of the following Article:

(2)If the Minister for Internal Affairs and Communications has made a registration pursuant to the provisions of the preceding paragraph, the Minister must notify the applicant to that effect without delay.

Article 12(1)If a person that has filed a written application set forth in Article 10, paragraph (1) falls under any of the following items, or if the written application or any document attached thereto includes a false entry on any important particulars or fails to describe any material fact, the Minister for Internal Affairs and Communications must refuse the registration:

(2)When the Minister for Internal Affairs and Communications has refused registration pursuant to the provisions of the preceding paragraph, the Minister must notify the applicant to that effect in writing with the reasons attached thereto.

Article 12-2(1)The registration stipulated in Article 9 ceases to be effective if any of the following conditions occurs and the registration is not renewed within three months from the date of the occurrence of the condition:

(2)The provisions in the preceding three Articles apply mutatis mutandis to the renewal of registration in the preceding paragraph.In this case, the terms included in the middle column are deemed to be replaced with the terms included in the right column of the table below.

(3)When a request for the renewal of the registration is filed pursuant to paragraph (1), and the processing of the requested renewal is not completed by the end of the period stipulated in the same paragraph, the registration under Article 9 remains in force even after the expiration of the period until the process is completed.

(4)In paragraph (1), the meanings of the terms set forth in the following items are as prescribed respectively in those items:

Article 13(1)If a person that has obtained the registration set forth in Article 9 intends to change any of the particulars set forth in item (ii) or item (iii) of Article 10, paragraph (1), the person must obtain a registration of the change from the Minister for Internal Affairs and Communications; provided, however, that this does not apply to minor changes specified by Order of the Ministry of Internal Affairs and Communications.

(2)A person that intends to obtain the registration of the change set forth in the preceding paragraph must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, file a written application describing the particulars pertaining to the change with the Minister for Internal Affairs and Communications.

(3)The provisions of Article 10, paragraph (2), Article 11 and Article 12 apply mutatis mutandis to the registration of the change as set forth in paragraph (1).In this case, the term "the following particulars" in Article 11, paragraph (1) is deemed to be replaced with "the particulars pertaining to the change"; and the term "If a person that has filed a written application set forth in Article 10, paragraph (1) falls under any of the following items" in paragraph (1) of Article 12 is to be replaced with "If a person that has filed a written application for registration of a change falls under any of the following items (except item (ii))."

(4)If a person that has obtained the registration as set forth in Article 9 has changed any of the particulars set forth in Article 10, paragraph (1) item (i) or made any minor changes specified by Order of the Ministry of Internal Affairs and Communications, as set forth in the proviso of paragraph (1), the person must notify the Minister for Internal Affairs and Communications to that effect without delay. If that notification is filed, the Minister is to change the registration without delay.

Article 14(1)If a person that has obtained registration as set forth in Article 9 falls under any of the following items, the Minister for Internal Affairs and Communications may revoke the registration set forth in the same Article:

(2)The provisions of Article 12, paragraph (2) applies mutatis mutandis to the case set forth in the preceding paragraph.

Article 15If a notification of the discontinuation of a telecommunications business in whole or a notification of dissolution is filed pursuant to the provisions of Article 18, paragraph (1) or paragraph (2), the registration ceases to be effective pursuant to the provisions of paragraph (1) of Article 12-2, or the Minister for Internal Affairs and Communications revokes the registration pursuant to the provisions of paragraph (1) of the Article, the Minister must delete the registration of the person that has obtained the registration set forth in Article 9.

Article 16(1)A person (except a person that should obtain registration as set forth in Article 9) that intends to operate a telecommunications business must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, file a notification with the Minister for Internal Affairs and Communications to that effect by attaching documents describing the following particulars:

(2)If a person that has filed a notification set forth in the preceding paragraph has changed any of the particulars specified in item (i) of the same paragraph, the person must notify the Minister for Internal Affairs and Communications to that effect without delay.

(3)If a person that has filed a notification set forth in paragraph (1) intends to change any of the particulars set forth in item (ii) or item (iii) of the same paragraph, the person must notify the Minister for Internal Affairs and Communications to that effect; provided, however, that this does not apply to minor changes specified by Order of the Ministry of Internal Affairs and Communications.

(4)If a person that has filed a notification as set forth in paragraph (1) received new designation pursuant to Article 41, paragraph (3), the person must, as specified by Order of the Ministry of Internal Affairs and Communications, notify the Minister for Internal Affairs and Communications of the particulars set forth in paragraph (1), item (iii) within one month from that date of designation

Article 17(1)In the event of an assignment of a telecommunications business in whole, or a merger, split (limited to a split resulting in the succession to a telecommunications business in whole) or inheritance of a telecommunications carrier, the assignee of the telecommunications business in whole, or, the corporation surviving after the merger or the corporation newly established upon the merger, the corporation that has succeeded to the telecommunications business in whole upon the split or the heir (if one particular heir has been selected from among two or more heirs as the successor to the telecommunications business by agreement among the heirs, the selected heir; hereinafter the same applies in this paragraph) succeeds to the status of the telecommunications carrier; provided, however, that this does not apply to the cases in which the telecommunications carrier has obtained the registration set forth in Article 9, and the assignee of the telecommunications business in whole, or, the corporation surviving after the merger or the corporation newly established upon the merger, the corporation that has succeeded to the telecommunications business in whole upon the split, or the heir falls under any of item (i) through (iii) of Article 12, paragraph (1).

(2)A person that has succeeded to the status of telecommunications carrier pursuant to the provisions of the preceding paragraph must notify the Minister for Internal Affairs and Communications to that effect without delay.

Article 18(1)If a telecommunications carrier suspends or discontinues its telecommunications business in whole or in part, it must notify the Minister for Internal Affairs and Communications to that effect without delay.

(2)If a corporation that is a telecommunications carrier dissolves due to reasons other than a merger, the liquidator in charge (in the case of dissolution due to an order for the commencement of bankruptcy proceedings, the bankruptcy trustee) must notify the Minister for Internal Affairs and Communications to that effect without delay.

(3)If a telecommunications carrier intends to suspend or discontinue its telecommunications business in whole or in part, it must, as specified by Order of the Ministry of Internal Affairs and Communications, fully inform the users of the telecommunications business to be suspended or discontinued to that effect; provided, however, that this does not apply to the cases of suspension or discontinuation of a telecommunications business that is specified by Order of the Ministry of Internal Affairs and Communications as a business which has a comparatively small influence on the interests of its users.

Article 19(1)A telecommunications carrier that provides universal telecommunications services must establish general conditions of contracts concerning charges and other terms and conditions for the provision of its universal telecommunications services (except particulars pertaining to technical conditions to be authorized pursuant to the provision of Article 52, paragraph (1) or Article 70, paragraph (1) item (i) and particulars specified by Order of the Ministry of Internal Affairs and Communications) and notify the Minister for Internal Affairs and Communications of the general conditions of contracts prior to the implementation of them, pursuant to Order of the Ministry of Internal Affairs and Communication,. The same also applies to the cases in which it intends to change those general conditions of contracts.

(2)If the Minister for Internal Affairs and Communications finds that the general conditions of contracts the notification of which has been filed pursuant to the provisions of the preceding paragraph fall under any of the following items, the Minister may order the telecommunications carrier that provides the universal telecommunications services to change the general conditions of contracts, designating an adequate time limit:

(3)A telecommunications carrier must not provide universal telecommunications services unless charges and other terms and conditions for providing those services, which are to be specified in the general conditions of contracts pursuant to the provisions of paragraph (1), are in accordance with the general conditions of contracts the notification of which is filed pursuant to the provisions of the same paragraph; provided, however, that this does not apply to the cases in which the charges for universal telecommunications services specified in the general conditions of contracts are reduced or exempted pursuant to the provisions of the following paragraph.

(4)A telecommunications carrier that provides universal telecommunications services may, in accordance with the standards specified by Order of the Ministry of Internal Affairs and Communications, reduce or exempt charges for those services specified in the general conditions of contracts notified pursuant to the provisions of paragraph (1).

Article 20(1)A telecommunications carrier that provides designated telecommunications services (telecommunications services which a telecommunications carrier running Category I designated telecommunications facilities provides by using those facilities, and which are specified by the provisions of Order of the Ministry of Internal Affairs and Communications as those are particularly necessary in order to protect the interests of users by means of the relevant telecommunications carrier's ensuring the provision of those telecommunications services by using those facilities based on proper charges or the other terms and conditions, in consideration of the circumstances in which substitute telecommunications services are not sufficiently provided by other carriers, or other circumstances; hereinafter the same applies) must establish general conditions of contracts concerning charges and other terms and conditions for the provision of its designated telecommunications services (except particulars pertaining to technical conditions to be authorized pursuant to the provisions of Article 52, paragraph (1) or Article 70, paragraph (1), item (i), and particulars specified by Order of the Ministry of Internal Affairs and Communications; the same applies in paragraph (5) and Article 25, paragraph (2)) and must notify the Minister for Internal Affairs and Communications of those general conditions of contracts to prior to the implementation of them, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications,. The same applies to the cases in which it intends to change them.

(2)The provisions of the preceding paragraph (including the cases in which the preceding paragraph applies with the replacement of the terms pursuant to the provisions of paragraph (4)) do not apply to telecommunications services which are both designated telecommunications services and universal telecommunications services.

(3)If the Minister for Internal Affairs and Communications finds that the general conditions of contracts notified pursuant to the provisions of paragraph (1) (including the cases in which paragraph (1) applies with the replacement of the terms pursuant to the provisions of the following paragraph) (hereinafter referred to as "general conditions of contracts for securing the provision of the telecommunications services") fall under any of the following items, the Minister may order the telecommunications carrier that provides the designated telecommunications services to change the general conditions of contracts for securing the provision of the telecommunications services within a reasonable time limit designated by the Minister:

(4)With respect to the general conditions of contracts of which a telecommunications carrier running the telecommunications facilities newly designated pursuant to the provisions of Article 33, paragraph (1) must notify the Minister for Internal Affairs and Communications for the first time after the designation date pursuant to the provisions of paragraph (1), the term "must notify the Minister for Internal Affairs and Communications of the general conditions of contracts prior to the implementation of them, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications. The same applies to the cases in which it intends to change them" in the same paragraph is deemed to be replaced with "must notify the the Minister for Internal Affairs and Communications of the general conditions of contracts within three months from the date on which the designation is granted pursuant to the provisions of Article 33, paragraph (1)."

(5)A telecommunications carrier must not, provide the designated telecommunications services unless the charges and other terms and conditions for the provision of those services are in accordance with those specified in the general conditions of contracts for securing the provision of the telecommunications services, except as otherwise provided by an agreement with the party receiving the designated telecommunications services on charges and other terms and conditions for the provision of those services,; provided, however, that this does not apply to the cases in which charges for the designated telecommunications services specified in the general conditions of contracts for securing the provision of the telecommunications services are reduced or exempted pursuant to the provisions of the following paragraph.

(6)A telecommunications carrier that provides designated telecommunications services may, in accordance with the standards specified by Order of the Ministry of Internal Affairs and Communications, reduce or exempt charges for the designated telecommunications services specified in the general conditions of contracts for securing the provision of the telecommunications services.

Article 21(1)With regard to designated telecommunications services specified by Order of the Ministry of Internal Affairs and Communications as what has a significant influence on the interests of users in light of their content, scope of users, etc. (hereinafter referred to as "specified telecommunications services"), the Minister for Internal Affairs and Communications must, at least once a year, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, determine the level of charges that may be generally found feasible, in consideration of reasonable costs under efficient management, commodity prices and other economic circumstances, for each type of specified telecommunications services specified by Order of the Ministry of Internal Affairs and Communications by using a charge index (figures to represent the level of charges for each type of telecommunications service, which are calculated using the means specified by Order of the Ministry of Internal Affairs and Communications from charges based on the distance and speed of communications and other classifications as well as the amount of traffic, number of circuits, etc. to which the charges are applied; hereinafter the same applies) and must notify the telecommunications carrier that provides the specified telecommunications services of the charge index (hereinafter referred to as "the standard charge index") within the number of days specified by Order of the Ministry of Internal Affairs and Communications before the date on which the standard charge index becomes applicable.

(2)If a telecommunications carrier that provides specified telecommunications services intends to change charges for those services and the charge index after the change exceeds the standard charge index for specified telecommunications services, it must obtain authorization from the Minister for Internal Affairs and Communications, notwithstanding the provisions of Article 19, paragraph (1) or paragraph (1) of the preceding Article (including the cases in which paragraph (1) of the preceding Article applies with the replacement of the terms pursuant to the provisions of paragraph (4) of the same Article).

(3)The Minister for Internal Affairs and Communications must grant the authorization as set forth in the same paragraph if an application for the authorization set forth in the preceding paragraph is filed, and the Minister finds that there are special circumstances making it difficult to offer charges based on a charge index that is equivalent to or less than the standard charge index and that the charges after the change pertaining to the application do not fall under any of the following items:

(4)If the charge index of the charges for the specified telecommunications services, to which the standard charge index is applicable, exceeds that index after the application of it, the Minister for Internal Affairs and Communications is to order the telecommunications carrier that provides the specified telecommunications services to change the charges for the specified telecommunications services within a reasonable time limit designated by the Minister, except for the cases in which the Minister finds that there are special circumstances making it difficult to offer charges based on a charge index that is equivalent to or less than the standard charge index.

(5)Charges for telecommunications services which a telecommunications carrier running the telecommunications facilities that were formerly Category I designated telecommunications facilities provides by using those facilities (limited to universal telecommunications services) and which have been authorized pursuant to the provisions of Article 33, paragraph (2) as of the time of the cancellation of the designation under Article 33, paragraph (1) are deemed to be the charges specified by general conditions of contracts about which the notification has been filed pursuant to the provisions of Article 19, paragraph (1).

(6)With respect to charges to be authorized pursuant to the provisions of paragraph (2), a telecommunications carrier that provides specified telecommunications services must not provide those services unless the charges are in accordance with the charges authorized pursuant to the provisions of the same paragraph; provided, however, that this does not apply to cases in which charges for those services are reduced or exempted pursuant to the provisions of the following paragraph.

(7)A telecommunications carrier that provides specified telecommunications services may, in accordance with the standards specified by Order of the Ministry of Internal Affairs and Communications, reduce or exempt charges for the specified telecommunications services authorized pursuant to the provisions of paragraph (2).

Article 22A telecommunications carrier that provides specified telecommunications services must keep records of the amount of traffic, number of circuits, etc. of its specified telecommunications services by means specified by Order of the Ministry of Internal Affairs and Communications.

Article 23(1)A telecommunications carrier that provides universal telecommunications services, designated telecommunications services or specified telecommunications services must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, announce the general conditions of contracts (including the technical conditions authorized pursuant to the provisions of Article 52, paragraph (1) or Article 70, paragraph (1) item (i)) notified pursuant to the provisions of Article 19, paragraph (1) or Article 20, paragraph (1) (including the cases in which Article 20, paragraph (1) applies with the replacement of the terms pursuant to the provisions of the paragraph (4) of the same Article) or charges authorized pursuant to the provisions of Article 21, paragraph (2), and must post those general conditions or charges at its business offices and other places of business in a manner in which the public can easily see them.

(2)The provisions of the preceding paragraph applies mutatis mutandis to the terms and conditions for the provision of those services pertaining to the particulars specified by Order of the Ministry of Internal Affairs and Communications set forth in Article 19, paragraph (1) or Article 20, paragraph (1).

Article 24The following telecommunications carriers must keep accounts in accordance with the classification of accounting titles and other accounting procedures specified by Order of the Ministry of Internal Affairs and Communications:

Article 25(1)A telecommunications carrier must not, without justifiable grounds, refuse to provide its universal telecommunications services within its service areas.

(2)A telecommunications carrier must not, without justifiable grounds, refuse to provide designated telecommunications services based on the charges and other terms and conditions for the provision of those services specified in the general conditions of contracts for insuring the provision of the telecommunications services within its service areas, except as otherwise provided by an agreement with the party receiving the designated telecommunications services on charges and other terms and conditions for the provision of those services.

Article 26(1)If a telecommunications carrier or a person that is entrusted by a telecommunications carrier to conduct intermediation, or act as a brokerage or agency (hereinafter collectively referred to as "intermediation, etc.") for concluding a contract for the provision of telecommunications services and for performing other operations associated therewith (including any person entrusted by that telecommunications carrier (including further entrustment at the second or higher degree of separation from the original entrustment); hereinafter collectively referred to as "person entrusted with intermediation, etc.") intends to conclude a contract, or to conduct intermediation, etc. for concluding a contract for the provision of telecommunication services listed in below, with a user (including a person that intends to receive telecommunication services, but excluding a telecommunications carrier; the same applies in this paragraph, Article 27, Article 27-2 and Article 29 paragraph (2)), they must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, explain to the user an outline of the charges and other terms and conditions for the provision of the telecommunications services; provided, however, that this does not apply to the cases that are specified by Order of the Ministry of Internal Affairs and Communications as those in which it is found that the protection of the interests of users would not be compromised even if the outline of the charges and other terms and conditions for service provision were not explained to the user, in consideration of the contents of the contract and other circumstances:

(2)The designations set forth in each item of the preceding paragraph are made by issuing a public notice.

Article 26-2(1)If a telecommunications carrier effects a contract for provision of telecommunication services as listed in each item of paragraph (1) of the preceding Article, the telecommunications carrier must prepare a document and deliver it to the user (excluding telecommunications carriers; the same applies in this Article and the following Article) without delay pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications; provided, however, that this does not apply to the cases that are specified by Order of the Ministry of Internal Affairs and Communications as those in which it is found that the protection of the interests of users would not be compromised even if the document were not delivered to the user, in consideration of the contents of the contract and other circumstances.

(2)With the consent of the user and pursuant to the provisions of Cabinet Order, in lieu of delivering the document under the provisions of the preceding paragraph, a telecommunications carrier may provide the user with the particulars that are required to be stated in that document by means of an electronic data processing system or by any other means of information and communications technology specified by Order of the Ministry of Internal Affairs and Communications. In doing this, the telecommunications carrier is deemed to have delivered the document.

(3)The particulars required to be included in a document, provided by means stipulated in paragraph (1) (excluding means specified by Order of the Ministry of Internal Affairs and Communications) in lieu of the delivery of the document under paragraph (1), are deemed to be delivered to a user when those particulars are recorded in a file stored on a computer employed by that user.

Article 26-3(1)Except as otherwise provided by Order of the Ministry of Internal Affairs and Communications, a user that has concluded a contract with a telecommunications carrier for the provision of telecommunication services listed in Article 26, paragraph (1), item (i) or item (ii) may cancel that contract in writing, unless eight days have elapsed since the day on which the customer received the document set forth in paragraph (1) of the preceding Article (or, the date of commencement of the telecommunication services, if the provision of the telecommunication services (limited to telecommunication services stipulated in Article 26, paragraph (1), item (i)) commences after the receipt date of the document) (or, unless eight days have elapsed since the date on which the user received a document in which the telecommunications carrier has, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, described that the user may cancel that contract pursuant to the provisions of this paragraph and which the telecommunications carrier has delivered to the user, if the telecommunications carrier or the person entrusted with intermediation, etc. misrepresented the information on cancellation of that contract under this paragraph, in violation of the provisions in Article 27-2, item (i), and as a result of that false explanation, the user misconstrued that the explanation was correct, and did not cancel that contract pursuant to the provisions of this paragraph within that period).

(2)The cancellation of a contract for the provision of telecommunication services under the preceding paragraph becomes effective when a document indicating that the contract for the provision of telecommunication services is cancelled is issued.

(3)The telecommunications carrier may not demand of the user any compensation or penalty for the cancellation of a contract for the provision of telecommunication services under paragraph (1) or payment or delivery of other monies (including money and other property; the same applies in the next paragraph); provided, however, that this does not apply to the amount of money specified by Order of the Ministry of Internal Affairs and Communications as the amount of money payable by the user for services received in the period until the cancellation of that contract, or other amount of money payable by the user with regard to that contract.

(4)If a contract for the provision of telecommunication services becomes subject to a cancellation under paragraph (1), the telecommunications carrier must promptly return monies received from the user in connection with that contract; provided, however, that this does not apply to the amount of money specified by Order of the Ministry of Internal Affairs and Communications stipulated in the proviso to the preceding paragraph, among the monies received in connection with that contract.

(5)A special provision that is contrary to the provisions of the preceding paragraphs and disadvantageous to a user is void.

Article 27A telecommunications carrier must, properly and promptly, process complaints and inquiries from users with regard to the telecommunications carrier's means of conducting its operations in relation to the telecommunications services stipulated in each item in Article 26, paragraph (1) or with regard to the telecommunications services as set forth in each item in the same paragraph, which are provided by the telecommunications carrier.

Article 27-2Telecommunications carriers and persons entrusted with intermediation, etc. must not engage in any of the following:

Article 27-3If a telecommunications carrier entrusts a person to conduct intermediation, etc. for concluding a contract for the provision of telecommunication services or for any other associated operations, the telecommunications carrier must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, provide the guidance to the person entrusted with intermediation, etc. related to that entrustment and take other measures necessary for ensuring that the operations related to that entrustment are conducted in a proper and secure manner.

Article 28If a telecommunications carrier suspends its telecommunications operations in part pursuant to the provisions of Article 8, paragraph (2), or a violation of secrecy of communications or any other serious accident specified by Order of the Ministry of Internal Affairs and Communications has occurred with respect to telecommunications operations, it must report without delay to the Minister for Internal Affairs and Communications to that effect including its reason or cause.

Article 29(1)If the Minister for Internal Affairs and Communications finds that the operations of a telecommunications carrier fall under any of the following items, the Minister may order the telecommunications carrier to improve its means of conducting the operations or take other measures to the extent necessary for ensuring the interests of users or the public interest:

(2)If either of conditions set forth in the following items occur, the Minister for Internal Affairs and Communications may order the person prescribed respectively in those items to improve the means of conducting its business activities or take other measures to the extent necessary for ensuring the interests of users:

Article 30(1)If the amount of the profit that a telecommunications carrier running Category II designated telecommunications facilities earned from its operation involved in providing telecommunications services using those facilities in the most recent year accounts for a proportion of the total amount of the profit earned in the same year from all operations of the same kind involved in providing telecommunications services within the same area as that of the telecommunications carrier and that proportion exceeds the proportion specified by Order of the Ministry of Internal Affairs and Communications, and if the Minister for Internal Affairs and Communications finds it necessary to ensure proper competition with other telecommunications carriers in consideration of changes in that proportion and other circumstances, the Minister may, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, designate the telecommunications carrier as a telecommunications carrier to which the provisions of paragraph (3), paragraph (5) and paragraph (6) apply.

(2)If the Minister for Internal Affairs and Communications finds the designation under the preceding paragraph is no longer necessary, the Minister must cancel the designation.

(3)The telecommunications carrier designated pursuant to paragraph (1) must not conduct the following acts:

(4)A telecommunications carrier running Category I designated telecommunications facilities must not conduct any of the following acts:

(5)If the Minister for Internal Affairs and Communications finds that an act undertaken by a telecommunications carrier that has been designated pursuant to the provisions of paragraph (1) or a telecommunications carrier running Category I designated telecommunications facilities violates the provisions of the preceding two paragraphs, the Minister may order the telecommunications carrier to suspend or change that act.

(6)A telecommunications carrier that has been designated pursuant to the provisions of paragraph (1) and a telecommunications carrier running Category I designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, announce the status of income and expenditure for its telecommunications services and other accounting particulars specified by Order of the Ministry of Internal Affairs and Communications.

Article 31(1)If a telecommunications carrier running Category I designated telecommunications facilities is a corporation, its officers must not concurrently serve as an officer of what is a corporation with a specific affiliation to it (limited to a telecommunications carrier which is a company in which the relevant telecommunications carrier owns a majority of the voting rights of all shareholders (excluding shareholders that cannot exercise their voting rights with regard to all particulars that may be resolved at the shareholders meetings, and including shareholders that are deemed to have voting rights pursuant to the provisions of Article 879, paragraph (3) of the Companies Act) or of all employees (hereinafter referred to as a "subsidiary" in this paragraph), the parent company that owns the relevant telecommunications carrier as a subsidiary (a parent corporation prescribed in Article 879, paragraph (1) of the same Act; hereinafter the same applies in this paragraph and Article 87, paragraph (1), item (iii), (a)) or as a subsidiary of the relevant telecommunications carrier's parent corporation (except the telecommunications carrier itself)) and is designated by the Minister for Internal Affairs and Communications (hereinafter referred to as a "carrier with a specific affiliation").

(2)A telecommunications carrier running Category I designated telecommunications facilities (limited to a corporation; hereinafter the same applies in this Article) must not conduct the following acts; provided, however, that this does not apply if there are compelling reasons specified by Order of the Ministry of Internal Affairs and Communications:

(3)If a telecommunications carrier running Category I designated telecommunications facilities entrusts the whole or a part of the telecommunication business or any other business incidental thereto to a subsidiary, that telecommunications carrier must conduct the necessary and proper supervision of the entrusted subsidiary so that the subsidiary does not conduct the acts (except acts conducted for a reason in the proviso of the same paragraph. The same applies in the following paragraph) listed in each item of paragraph (4) of the preceding Article and each item of the preceding paragraph concerning the entrusted business.In this case, the other companies of which a majority of the voting rights of the shareholders or all members of the company is possessed by that telecommunications carrier and one or more of the subsidiaries thereof or by the one or more of the subsidiaries of that telecommunications carrier are regarded as subsidiaries of the telecommunications carrier.

(4)If the Minister for Internal Affairs and Communications finds that a telecommunications carrier running Category I designated telecommunications facilities undertakes any act listed in each item of paragraph (2), or finds that the entrusted subsidiary (including any subsidiary regarded as that of the telecommunications carrier pursuant to the provisions in the second sentence of the preceding paragraph. Hereinafter the same applies in this paragraph) in the first sentence of the preceding item undertakes any act listed in each item of paragraph (4) of the preceding Article or any act listed in each item of paragraph (2), the Minister may order the telecommunications carrier to suspend or change the act listed in each item of the same paragraph, or take necessary measures to suspend or change the acts listed in each item of paragraph (4) of the same Article or the acts listed in each item of paragraph (2) undertaken by the entrusted subsidiary.

(5)In order to ensure an appropriate competitive relationship with other telecommunications carriers, a telecommunications carrier running Category I designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, establish a system or take other necessary measures to properly control the information which came to its knowledge in relation to the operations involved in interconnection between the Category I designated telecommunications facilities and the telecommunications facilities of the other telecommunications carrier, and to properly supervise the status of the implementation of those operations.

(6)The system or other necessary measures specified in the preceding paragraph must include the following particulars:

(7)A telecommunications carrier running the Category I designated telecommunications facilities must, every year, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, report to the Minister for Internal Affairs and Communications on particulars specified by Order of the Ministry of Internal Affairs and Communications with respect to the measures it has taken to comply with the provisions of paragraph (2), paragraph (3) and paragraph (5) and the status of implementation of those measures.

Article 32If a telecommunications carrier receives a request from another telecommunications carrier to interconnect the telecommunications facilities of the requesting telecommunications carrier with those of the requested telecommunications carrier, it must accept the request except the following cases:

Article 33(1)The Minister for Internal Affairs and Communications may, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, designate the aggregates of transmission line facilities which are interconnected to the telecommunication facilities of users (except for mobile terminal facilities) at one end, which are installed by one single telecommunications carrier, for each of the areas specified by Order of the Ministry of Internal Affairs and Communications, by dividing all districts of Japan and considering usage of telecommunications services and prefectural districts, and whose telecommunications circuits come to account for a proportion exceeding the proportion specified by Order of the Ministry of Internal Affairs and Communications of the total number of telecommunications circuits of all transmission line facilities of the same kind installed within those areas, and telecommunications facilities which are installed by the telecommunications carrier as single units with the relevant transmission-line facilities in those areas, and which are stipulated by Order of the Ministry of Internal Affairs and Communications, as telecommunications facilities whose interconnection with telecommunications facilities of other telecommunications carriers is indispensable for improving convenience of users and developing telecommunications in a comprehensive and reasonable manner.

(2)A telecommunications carrier running telecommunications facilities designated pursuant to the provisions of the preceding paragraph (hereinafter referred to as "Category I designated telecommunications facilities") must, with respect to interconnection between the Category I designated telecommunications facilities and other telecommunications carriers' telecommunications facilities, establish general conditions of contracts for interconnection concerning the amount of money that the telecommunications carrier running Category I designated telecommunications facilities is to receive (hereinafter referred to as "interconnection charges" in this Article) and the technical conditions required at the points of interconnection with other telecommunications carriers' telecommunications facilities, and other terms and conditions of interconnection, including distinctions of telecommunications carriers according to which charges for telecommunications services are specified (hereinafter referred to as "terms and conditions of interconnection"), and must obtain authorization from the Minister for Internal Affairs and Communications. The same also applies when it intends to change those general conditions of contracts for interconnection.

(3)Interconnection charges and terms and conditions of interconnection specified in the general conditions of contracts for interconnection for which authorization is to be obtained as set forth in the preceding paragraph and which are also specified by Order of the Ministry of Internal Affairs and Communications as those which have a comparatively small influence on improving user convenience and developing telecommunications in a comprehensive and reasonable manner are not to be required to obtain authorization, notwithstanding the provisions of the same paragraph.

(4)The Minister for Internal Affairs and Communications must grant permission as set forth in paragraph (2) if the Minister finds that an application for authorization as set forth in paragraph (2) (including the cases in which paragraph (2) applies with the replacement of the terms pursuant to the provisions of paragraph (16); hereinafter the same applies in this paragraph, paragraph (6), paragraph (9), paragraph (10) and paragraph (14)) complies with all of the following items:

(5)If Category I designated telecommunications facilities are reorganized to improve their efficiency with the use of advanced new telecommunications technologies that are generally available, the means specified by Order of the Ministry of Internal Affairs and Communications as set forth in item (ii) of the preceding paragraph (limited to the those which specify interconnection charges for functions specified by Order of the Ministry of Internal Affairs and Communications as those, from among the functions specified by Order of the Ministry of Internal Affairs and Communications as set forth in item (i) (b) of the same paragraph, found to have the potential to achieve the considerable extent increased efficiency in provision of telecommunications services in relation to the function, through interconnection with Category I designated telecommunications facilities, by the introduction of advanced new telecommunications technologies) must be those by which the amount is calculated in consideration of the expenses pertaining to the Category I designated telecommunications facilities, which may rise in accordance with an increase in the amount of traffic or the number of circuits pertaining to the telecommunications services provided by the Category I designated telecommunications facilities and through interconnection with the Category I designated telecommunications facilities.

(6)If the Minister for Internal Affairs and Communications finds that the interconnection charges specified in the general conditions of contracts for interconnection which have been authorized as set forth in paragraph (2) become inappropriate in light of the amount set forth in paragraph (4) item (ii), or that the terms and conditions of interconnection specified in the general conditions of contracts for interconnection become particularly inappropriate due to changes in the social and economic circumstances, and thereby hinder promotion of the public interest, the Minister may order the telecommunications carrier running Category I designated telecommunications facilities to apply for authorization for a change of the general conditions of contracts for interconnection within a reasonable time limit designated by the Minister.

(7)A telecommunications carrier running Category I designated telecommunications facilities must establish the general conditions of contracts for interconnection for interconnection charges and terms and conditions of interconnection specified by Order of the Ministry of Internal Affairs and Communications, as set forth in paragraph (3), with respect to interconnection with the Category I designated telecommunications facilities of that carrier, and must notify the Minister for Internal Affairs and Communications of those general conditions prior to the implementation of them. The same also applies when it intends to change them .

(8)If the Minister for Internal Affairs and Communications finds that the interconnection charges or terms and conditions of interconnection specified in the general conditions of contracts for interconnection notified pursuant to the provisions of the preceding paragraph (including cases where the preceding paragraph applies with the replacement pursuant to the provision of paragraph (17)) hinder promotion of the public interest, the Minister may order the telecommunications carrier running the Category I designated telecommunications facilities to change the general conditions of contracts for interconnection within a reasonable time limit designated by the Minister.

(9)A telecommunications carrier running Category I designated telecommunications facilities must not conclude nor amend an agreement with other telecommunications carriers on interconnection with the Category I designated telecommunications facilities of that carrier, unless in accordance with the general conditions of contracts for interconnection authorized pursuant to the provisions of paragraph (2) or notified of pursuant to the provisions of paragraph (7) (including the cases in which paragraph (7) applies with the replacement of the terms pursuant to the provisions of paragraph (17)) (hereinafter referred to as "authorized general conditions of contracts for interconnection, etc." in this Article).

(10)Notwithstanding the provisions of the preceding paragraph, if there are special circumstances that make it difficult to comply with authorized general conditions of contracts for interconnection, etc., a telecommunications carrier running Category I designated telecommunications facilities may, upon authorization from the Minister for Internal Affairs and Communications, conclude or amend an agreement on interconnection with the Category I designated telecommunications facilities of that carrier under interconnection charges and terms and conditions of interconnection different from those charges and terms and conditions specified in the authorized general conditions of contracts for interconnection, etc. (in the case of those that fall under the interconnection charges and terms and conditions of interconnection as set forth in paragraph (2), limited to those conforming to all items (except item (i), (a) and (b)) in paragraph (4)).

(11)A telecommunications carrier running Category I designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, announce its authorized general conditions of contracts for interconnection, etc.

(12)A telecommunications carrier running Category I designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, keep records of the amount of traffic or the number of circuits, and other particulars specified by Order of the Ministry of Internal Affairs and Communications (referred to as "amount of traffic, etc." in paragraph (14)) for respective functions specified by Order of the Ministry of Internal Affairs and Communications, as set forth in paragraph (4) item (i), (b), in relation to interconnection with the Category I designated telecommunications facilities.

(13)A telecommunications carrier running Category I designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, keep accounts for interconnection with its Category I designated telecommunications facilities, and based on the accounting, announce the status of income and expenditure regarding the interconnection and other particulars specified by Order of the Ministry of Internal Affairs and Communications.

(14)In order to keep the interconnection charges fair and justifiable, a telecommunications carrier running Category I designated telecommunications facilities must recalculate the interconnection charges, in light of the amount calculated by means specified by Order of the Ministry of Internal Affairs and Communications as set forth in paragraph (4) item (ii), based on records of the amount of traffic, etc. and on the results of accounts as set forth in the preceding paragraph, every time the number of the year within a period not exceeding five years specified by Order of the Ministry of Internal Affairs and Communications has passed, after the date of authorization set forth in paragraph (2) in the case of interconnection charges set forth in paragraph (5), or every year time a telecommunications carrier has closed accounts for the preceding business year pursuant to the provisions of the preceding paragraph in the cases of other interconnection charges.

(15)A telecommunications carrier running Category I designated telecommunications facilities must endeavor to provide other telecommunications carriers with any information necessary for smooth interconnection between their telecommunications facilities and the Category I designated telecommunications facilities.

(16)With regard to interconnection charges and terms and conditions of interconnection specified in the general conditions of contracts for interconnection for which a telecommunications carrier running telecommunications facilities, newly designated pursuant to the provisions of paragraph (1), is to obtain authorization from the Minister for Internal Affairs and Communications for the first time after the date of designation pursuant to the provisions of paragraph (2), the term "must obtain authorization from the Minister for Internal Affairs and Communications. The same also applies when it intends to change those general conditions of contracts for interconnection" in the same paragraph is deemed to be replaced with "must apply for authorization from the Minister for Internal Affairs and Communications within three months from the date on which the designation is newly granted pursuant to the provisions of the preceding paragraph."

(17)With regard to interconnection charges and the terms and conditions of interconnection specified in the general conditions of contracts for interconnection of which the telecommunications carrier running the telecommunications facilities newly designated pursuant to the provisions of paragraph (1) is to notify the Minister for Internal Affairs and Communications for the first time after the date of the designation pursuant to the provision of paragraph (7), the term "must notify the Minister for Internal Affairs and Communications of those general conditions prior to the implementation of them. The same also applies when it intends to change them" in the same paragraph is deemed to be replaced with "must file notify the Minister for Internal Affairs and Communications of those general conditions within three months from the date on which designation is newly granted pursuant to the provisions of paragraph (1)."

(18)The provisions of paragraph (9) do not apply for three months from whichever date comes later, the date on which the authorization from the Minister for Internal Affairs and Communications is granted with respect to the general conditions of contracts for interconnection that the telecommunications carrier running the telecommunications facilities newly designated pursuant to the provisions of paragraph (1) has applied for pursuant to the provisions of paragraph (2), as applied pursuant to the provisions of paragraph (16) following the deemed replacement of terms, or the date on which the notification of the general conditions of contracts for interconnection is filed from the telecommunications carrier pursuant to the provisions of paragraph (7), as applied pursuant to the provisions of the preceding paragraph following the deemed replacement of terms (hereinafter referred to as "initial date of reckoning" in this paragraph), to the agreements on interconnection that the telecommunications carrier has concluded with other telecommunications carriers as of the initial date of reckoning, and that are related to the newly designated telecommunications facilities.

Article 34(1)The Minister for Internal Affairs and Communications may, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, designate the aggregates of transmission line facilities which are interconnected to the specific mobile terminal facilities at one end, which are installed by one single telecommunications carrier, and which have these specified mobile terminal facilities interconnected to them come to account for a proportion exceeding the proportion specified by Order of the Ministry of Internal Affairs and Communications of the total number of specified mobile terminal facilities interconnected to all transmission line facilities of the same type installed within the same area as the service area of the telecommunications services provided by using the relevant transmission line facilities, and telecommunications facilities which are installed by the telecommunications carrier to provide the telecommunications services, and which are specified by Order of the Ministry of Internal Affairs and Communications, as telecommunications facilities whose appropriate and smooth interconnection with the telecommunications facilities of other telecommunications carriers is to be ensured.

(2)A telecommunications carrier running telecommunications facilities designated pursuant to the provisions of the preceding paragraph (hereinafter referred to as "Category II designated telecommunications facilities") must, with respect to the interconnection between the Category II designated telecommunications facilities and the facilities of other telecommunications carriers, establish the general conditions of contracts for interconnection concerning the amount of money that the telecommunications carrier running the Category II designated telecommunications facilities receives and the terms and conditions of interconnection, and notify, the Minister for Internal Affairs and Communications of those general conditions prior to implementation of them, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications. The same also applies to the case in which it intends to change them.

(3)If the Minister for Internal Affairs and Communications finds that the general conditions of contracts for interconnection notified to the Minister pursuant to the provisions of the preceding paragraph (including cases in which the preceding paragraph applies with the replacement of the terms pursuant to the provisions of paragraph (8)) fall under any of the following items, the Minister may order the telecommunications carrier running the Category II designated telecommunications facilities to change the general conditions of contracts for interconnection within a reasonable time limit designated by the Minister:

(4)A telecommunications carrier running Category II designated telecommunications facilities must neither conclude nor amend an agreement with other telecommunications carriers on interconnection with the Category II designated telecommunications facilities, unless in accordance with the general conditions of contracts for interconnection notification of which is filed pursuant to the provisions of paragraph (2) (including as applied pursuant to the provisions of paragraph (8) following the deemed replacement of terms; the same applies in the following paragraph).

(5)A telecommunications carrier running Category II designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, announce the general conditions of contracts for interconnection notification of which is filed pursuant to the provision of paragraph (2).

(6)A telecommunications carrier running Category II designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, keep accounts and announce status on income and expenditure concerning the interconnection based on the accounts and other particulars specified by Order of the Ministry of Internal Affairs and Communications.

(7)A telecommunications carrier running Category II designated telecommunications facilities must endeavor to provide other telecommunications carriers with any information for smooth interconnection between their telecommunications facilities and Category II designated telecommunication facilities.

(8)With regard to the amount of money that a telecommunications carrier running telecommunications facilities newly designated pursuant to the provisions of paragraph (1) is to receive, and the terms and conditions of interconnection specified in the general conditions of contracts for interconnection which the telecommunications carrier is to notify the Minister for Internal Affairs and Communications of for the first time after the date of designation pursuant to the provisions of paragraph (2), the term "and notify the Minister for Internal Affairs and Communications of the general conditions of contracts prior to the implementation of them, pursuant to Order of the Ministry of Internal Affairs and Communication,. The same also applies to the cases in which it intends to change those general conditions of contracts" in the same paragraph is deemed to be replaced with "and notify the Minister for Internal Affairs and Communications of the general conditions of contracts within three months from the date on which designation is newly granted pursuant to the provisions of the preceding paragraph, pursuant to Order of the Ministry of Internal Affairs and Communication."

(9)The provisions of paragraph (4) do not apply, for three months from the date of notification, to the agreements on interconnection that a telecommunications carrier running telecommunications facilities newly designated pursuant to the provisions of paragraph (1) has concluded with other telecommunications carriers, as of the date when the notification of the general conditions of contracts for interconnection is filed from the telecommunications carrier pursuant to the provisions of paragraph (2), as applied pursuant to the provisions of the preceding paragraph following the deemed replacement of terms (hereinafter referred to as "date of notification"), and that is related to interconnection with the newly designated telecommunication facilities.

Article 35(1)If a telecommunications carrier requests another telecommunications carrier to conclude an agreement on interconnection between the requested telecommunications carrier's telecommunications facilities and those of the requesting telecommunications carrier, but the requested telecommunications carrier refuses to hold negotiations or those negotiations fail, resulting in the requesting telecommunications carrier filing a petition, the Minister for Internal Affairs and Communications is to order the requested telecommunications carrier to start or restart those negotiations, except in cases in which the Minister finds that interconnection falls under the items of Article 32 and cases in which an application for arbitration has been filed pursuant to the provisions of Article 155, paragraph (1).

(2)Beyond the cases set forth in the preceding paragraph, if a telecommunications carrier requests another telecommunications carrier to conclude an agreement on interconnection between the requested telecommunications carrier's telecommunications facilities and those of the requesting telecommunications carrier, but the requested telecommunications carrier refuses to hold negotiations or those negotiations fail, resulting in the requesting telecommunications carrier filing a petition, and the Minister for Internal Affairs and Communications finds that that interconnection is particularly necessary and appropriate for increasing the public interest, the Minister may order the requested telecommunications carrier to start or restart those negotiations, except in cases in which an application for arbitration has been filed pursuant to the provisions of Article 155, paragraph (1).

(3)If negotiations between the parties about interconnection with the telecommunications facilities of a telecommunications carrier fail on the amount of money to be received or paid by the parties, the terms and conditions of interconnection, or the other details of the agreement, the telecommunications carrier running telecommunications facilities to be interconnected to them may apply to the Minister for Internal Affairs and Communications for a ruling; provided, however, that this does not apply to the cases in which the parties have already filed an application for arbitration under Article 155, paragraph (1).

(4)Beyond the cases set forth in the preceding paragraph, if an order has been issued pursuant to the provisions of paragraph (1) or paragraph (2) and negotiations between the parties fail on the amount of money to be received or paid by the parties, the terms and conditions of interconnection, and the details of the agreement, the party (or parties) may apply to the Minister for Internal Affairs and Communication for a ruling.

(5)When the Minister for Internal Affairs and Communications receives the application for a ruling under the preceding two paragraphs, the Minister must notify the other party (or parties) to that effect, and must give the party (or parties) an opportunity to file written answers within a period designated by the Minister.

(6)If the Minister for Internal Affairs and Communications renders arbitration as set forth in paragraph (3) or paragraph (4), the Minister must notify the parties to that effect without delay.

(7)If a ruling is rendered as set forth in paragraph (3) or paragraph (4), the negotiations between the parties is deemed to have reached agreement as specified by in accordance with the ruling.

(8)Any of the parties that are dissatisfied with the ruling set forth in paragraph (3) or paragraph (4) with regard to the amount of money to be received or paid by the party (or parties) may demand an increase or decrease in the amount by filing an action within six months from the date on which the party is informed of the ruling.

(9)In filing an action as set forth in the preceding paragraph, the other party is the defendant.

(10)In the request for administrative review to the ruling set forth in paragraph (3) or paragraph (4), dissatisfaction with the amount of money to be received or paid by the party (or parties) does not constitute grounds for dissatisfaction with the ruling.

Article 36(1)If a telecommunications carrier running Category I designated telecommunications facilities has a plan to change or make an addition to existing functions (except those specified by Order of the Ministry of Internal Affairs and Communications) of the Category I designated telecommunications facilities, it must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, notify the Minister for Internal Affairs and Communications of the plan within the number of days specified by Order of the Ministry of Internal Affairs and Communications prior to the date on which the installation work starts. The same also applies if it intends to change the plan notified to the Minister.

(2)A telecommunications carrier running Category I designated telecommunications facilities must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, announce the plan notification of which is filed pursuant to the provisions of the preceding paragraph.

(3)If a notification is filed pursuant to the provisions of paragraph (1) and the Minister for Internal Affairs and Communications finds that the implementation of the notified plan is likely to hinder the smooth interconnection between the Category I designated telecommunications facilities and those of another telecommunications carrier, the Minister may recommend the telecommunications carrier running the Category I designated telecommunications facilities to change its plan.

Article 37(1)If a telecommunications carrier running Category I designated telecommunications facilities intends to conclude or amend an agreement with other telecommunications carriers on sharing its Category I designated telecommunications facilities, it must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, notify the Minister for Internal Affairs and Communications of it in advance.

(2)A telecommunications carrier running telecommunications facilities which are newly designated pursuant to the provisions of Article 33, paragraph (1) must notify the Minister for Internal Affairs and Communications of the agreement that it has, as of the time of the designation, concluded with other telecommunications carriers, and that is related to sharing the telecommunications facilities, without delay, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications.

Article 38(1)If a telecommunications carrier requests another telecommunications carrier to conclude an agreement on sharing telecommunications facilities or structures for telecommunications facilities installation (referring to buildings and other structures used by telecommunications carriers to install telecommunications facilities; the same applies hereinafter), but the requested telecommunications carrier refuses to hold negotiations or those negotiations fail, resulting in the requesting telecommunications carrier filing a petition, and the Minister for Internal Affairs and Communications finds that sharing is particularly necessary and appropriate for increasing the public interest, the Minister may order the requested telecommunications carrier to start or restart negotiations, except the cases in which an application for arbitration is filed pursuant to the provisions of Article 155, paragraph (1), as applied mutatis mutandis pursuant to Article 156, paragraph (1).

(2)The provisions of Article 35, paragraph (3) through paragraph (10) apply mutatis mutandis to the sharing of telecommunications facilities or structures for telecommunications facilities installation.In this case, the term "terms and conditions of interconnection" in paragraph (3) and paragraph (4) of the same Article is to be replaced with "terms and conditions for sharing"; the term "running telecommunications facilities to be interconnected with the telecommunications facilities" and the term "Article 155, paragraph (1)" in paragraph (3) of the same Article are to be replaced with "that intends to conclude an agreement with the telecommunications carrier" and "Article 155, paragraph (1), as applied mutatis mutandis pursuant to Article 156, paragraph (1)," respectively; and, the term "paragraph (1) or paragraph (2)" in paragraph (4) of the same Article is to be replaced with "Article 38, paragraph (1)."

Article 38-2If a telecommunications carrier running Category I or Category II Designated Telecommunications Facilities commences the operations involved in the providing wholesale telecommunication services by using those Category I or Category II Designated Telecommunications Facilities, the telecommunications carrier must notify the Minister for Internal Affairs and Communications describing of the commencement of those services, the type of wholesale telecommunication services by each classification, as well as other information designated by Order of the Ministry of Internal Affairs and Communications, without delay, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications. The same applies to the case in which it amends the particulars notified to the Minister or discontinues those operations.

Article 39The provisions of Article 35, paragraph (3) through paragraph (10) and paragraph (1) of Article 38 apply mutatis mutandis to the provision of wholesale telecommunications services.In this case, the term "terms and conditions of interconnection" in Article 35, paragraph (3) and paragraph (4) is to be replaced with "terms and conditions for the provision of those services"; the term "agreement" in paragraph (3) and paragraph (4) of the same Article and paragraph (1) of Article 38 is to be replaced with "contract"; the term "running telecommunications facilities to be interconnected to them" and the term "Article 155, paragraph (1)" in Article 35, paragraph (3) is to be replaced with "that intends to conclude a contract with the telecommunications carrier" and "Article 155, paragraph (1), as applied mutatis mutandis pursuant to Article 156, paragraph (2)," respectively; the term "paragraph (1) or paragraph (2)" in paragraph (4) of the same Article is to be replaced with "Article 38, paragraph (1), as applied mutatis mutandis pursuant to Article 39"; and the term "that sharing" and the term "Article 156, paragraph (1)" in paragraph (1) of Article 38 are to be replaced with "that provision" and "Article 156, paragraph (2)," respectively.

Article 39-2The Minister for Internal Affairs and Communications is to compile the following information concerning Category I and Category II Designated Telecommunications Facilities that the Minister possesses and to publish the compiled information via the Internet or any other appropriate means:

Article 39-3(1)A telecommunications carrier that provides specified domain name telecommunications services must not, without justifiable grounds, refuse to provide its services in its service areas.

(2)If a telecommunications carrier providing specified domain name telecommunications services has violated the provisions of the preceding paragraph, the Minister for Internal Affairs and Communications may order the telecommunications carrier to improve its means of conducting operations or take other measures, to the extent necessary for ensuring the interests of users or the public interest.

(3)A telecommunications carrier that provides specified domain name telecommunications services must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, announce the status of income and expenditure for its telecommunications services and other accounting particulars specified by Order of the Ministry of Internal Affairs and Communications.

Article 40If a telecommunications carrier intends to conclude, amend or discontinue an agreement or contract on telecommunications activities, which includes important particulars specified by Order of the Ministry of Internal Affairs and Communications, with foreign governments, or foreign nationals or foreign corporations, it must obtain authorization from the Minister for Internal Affairs and Communications.

Article 106The Minister for Internal Affairs and Communications may designate a general incorporated association or general incorporated foundation, which is established to contribute to ensuring the provision of universal telecommunications services and which is found to conform to the criteria listed below with respect to the operations set forth in the following Article (hereinafter referred to as "support operations"), as the only Universal Telecommunications Service Support Institution (hereinafter referred to as the "support institution") in Japan, upon its application:

Article 107The support institution is to conduct the following operations:

Article 108(1)If the Minister for Internal Affairs and Communications has designated the support institution, the Minister may designate a telecommunications carrier that provides universal telecommunications services and is found to conform to the criteria listed below, as an eligible telecommunications carrier upon its application:

(2)The designation under the preceding paragraph is granted for each type of universal telecommunications services specified by Order of the Ministry of Internal Affairs and Communications.

(3)If an eligible telecommunications carrier (limited to a telecommunications carrier other than those running Category I designated telecommunications facilities or those running Category II telecommunications facilities) intends to change the general conditions of contracts for interconnection set forth in paragraph (1), item (ii), it must notify the Minister for Internal Affairs and Communications of and announce those changes, in advance, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications.

(4)If there is succession to the status of a telecommunications carrier under Article 17, paragraph (1), and a telecommunications carrier that is the subject of the succession is an eligible telecommunications carrier, the telecommunications carrier succeeding to the status of that telecommunications carrier is to succeed to the status of an eligible telecommunications carrier.

(5)If an eligible telecommunications carrier falls under any of the following items or has filed an application for revocation of the designation set forth in paragraph (1), the Minister for Internal Affairs and Communications may revoke its designation:

Article 109(1)The support institution must, by the means specified by Order of the Ministry of Internal Affairs and Communications, calculate the subsidies set forth in Article 107, item (i) (hereinafter referred to simply as "subsidies" in this Section), and must obtain authorization from the Minister for Internal Affairs and Communications with regard to the amount of the subsidies and means of granting them for each fiscal year (the year starting from April 1 and ending on March 31 of the following year; hereinafter the same applies in this Section).

(2)An eligible telecommunications carrier must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, notify the support institution of the cost spent in the previous fiscal year to provide the universal telecommunications services related to the designation set forth in paragraph (1) of the preceding Article, the profit generated from the universal telecommunications services related to the designation, and other particulars specified by Order of the Ministry of Internal Affairs and Communications, as the basis for calculating the subsidies.

(3)The cost set forth in the preceding paragraph must be calculated by the means specified by Order of the Ministry of Internal Affairs and Communications as that for calculating reasonable costs under efficient management.

(4)If the support institution has obtained authorization set forth in paragraph (1), it must announce the amount of subsidies pursuant to the provisions of by Order of the Ministry of Internal Affairs and Communications.

Article 110(1)The support institution may, each fiscal year, collect contributions in order to allocate them to all or part of the costs required for the support operations from telecommunications carriers that are listed below and whose scale of business exceeds the standards specified by Cabinet Order (hereinafter referred to as "interconnecting telecommunications carriers, etc." in this Article); provided, however, that those contributions (hereinafter referred to simply as "contributions" in this Section) must not come to account for a proportion exceeding the proportion specified by Cabinet Order of the amounts calculated by means specified by Order of the Ministry of Internal Affairs and Communications as the profit generated from the provision of the telecommunications services provided in the previous business year by an interconnecting telecommunications carrier, etc. (including the profit generated from the provision of the telecommunications services in the previous fiscal year by a corporation disappearing in a merger, a corporation conducting a split (limited to those in which it has another corporation succeed to a telecommunications business in whole) or a decedent, or an interconnecting telecommunications carrier, etc. assigning its business, if that interconnecting telecommunications carrier, etc. is, in the event of a merger, split or inheritance with regard to another interconnecting telecommunications carrier, etc., in the previous fiscal year or in the fiscal year (limited to the period until that interconnecting telecommunications carrier, etc. receives the notification under paragraph (3)), the corporation surviving after the merger or the corporation newly established upon the merger, the corporation that has succeeded to the telecommunications business in whole upon the split or the heir, or if that interconnecting telecommunications carrier, etc. is a person that has succeeded to the telecommunications business in whole from another interconnecting telecommunications carrier, etc. in the previous fiscal year or in the fiscal year (limited to the period until the person receives the notification under paragraph (3))):

(2)The support institution must calculate the contributions by means specified by Order of the Ministry of Internal Affairs and Communications, and must obtain authorization from the Minister for Internal Affairs and Communications with regard to the amount of contributions and means of collection of them for each fiscal year.

(3)If the support institution has obtained authorization set forth in the preceding paragraph, it must send to interconnecting telecommunications carriers, etc. a notification describing the amount of the contributions they must pay, the time limit of paying them and means of paying them, with written documents describing the particulars authorized attached thereto.

(4)An interconnecting telecommunications carrier, etc. has the obligation to pay contributions to the support institution, in accordance with the notification sent pursuant to the provisions of the preceding paragraph.

(5)If an interconnecting telecommunications carrier, etc. has received the notification sent pursuant to the provisions of paragraph (3) but fails to pay the contributions to the support institution by the due date for the payment, it has the obligation to pay a delinquent charge equivalent to the amount calculated by multiplying the contributions by the rate specified by Order of the Ministry of Internal Affairs and Communications per day in the period from the date following the due date to the date of payment.

(6)If an interconnecting telecommunications carrier, etc. fails to pay its contributions by the due date for the payment, the support institution must demand in writing that payment is to be made, designating a new time limit.

(7)If an interconnecting telecommunications carrier, etc. that has received a written demand under the preceding paragraph fails to pay the contributions related to the demand and the delinquent charge under paragraph (5) by the designated time limit, the support institution may file a petition with the Minister for Internal Affairs and Communications to that effect.

(8)If a petition is filed pursuant to the provisions of the preceding paragraph, the Minister for Internal Affairs and Communications may order the interconnecting telecommunications carrier, etc. to pay to the support institution the contributions and the delinquent charge under paragraph (5).

Article 111The support institution may request telecommunications carriers to submit data, if that data is necessary for conducting support operations.

Article 112If the support institution conducts the operations other than support operations, it must separate accounts related to those operations from accounts related to support operations.

Article 113(1)The support institution must establish a consultation commission for support operations.

(2)The consultation commission for support operations may, in response to consultation from the representative of the support institution, conduct the study and deliberation on the amount of subsidies and means of granting them, the amount of contributions and means of collecting them, and other important particulars concerning the conducting of the support operations, and provide the representative of the support institution with the opinions that it finds necessary for those matters.

(3)The representative of the support institution appoints members of the consultation commission for support operations from among telecommunications carriers and experts with authorization from the Minister for Internal Affairs and Communications.

Article 114(1)If the Minister for Internal Affairs and Communications has revoked the designation of the support institution pursuant to the provisions of Article 84, paragraph (1) or paragraph (2), as applied mutatis mutandis pursuant to Article 116, paragraph (1), and newly designates a support institution after the revocation, the assets related to the support operations of the support institution related to the revocation belong to the newly designated support institution.

(2)Beyond what is provided for in the preceding paragraph, the management of the assets related to the support operations and other necessary transitional measures (including transitional measures concerning penal provisions) in the case in which the Minister for Internal Affairs and Communications revokes the designation of a support institution pursuant to the provisions of Article 84, paragraph (1) or paragraph (2), as applied mutatis mutandis pursuant to Article 106, paragraph (1) ,are specified by Cabinet Order within a scope considered reasonably necessary .

Article 115The Minister for Internal Affairs and Communications is to provide information and data, or guidance and advice necessary for conducting the support operations to the support institution.

Article 116(1)The provisions of Article 75, paragraph (2), item (ii) through (iv), Article 77, paragraph (1) and paragraph (3), Article 78, through Article 84 and Article 90 apply mutatis mutandis to the support institution.

(2)In the cases set forth in the preceding paragraph, the terms listed in the middle column of the following table, which are used in the provisions listed in the left column in the same table, are deemed to be replaced with the terms listed in the right column of the same table.

Article 117(1)If a telecommunications carrier operating a telecommunications business in which it runs telecommunication line facilities and provides telecommunications services or a person intending to operate such a telecommunications business intends to have the provisions of the following Section applied to it, it may obtain approval from the Minister for Internal Affairs and Communications for the telecommunications business in whole or in part by the way of an application.

(2)A person that intends to obtain approval set forth in the preceding paragraph must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, file with the Minister for Internal Affairs and Communications a written application describing the following particulars:

(3)The written application set forth in the preceding paragraph must be filed with a business plan and other documents specified by Order of the Ministry of Internal Affairs and Communications attached thereto.

Article 118A person that falls under any of the following items may not obtain the approval set forth in paragraph (1) of the preceding Article:

Article 119The Minister for Internal Affairs and Communications must not grant the approval set forth in Article 117, paragraph (1), unless the Minister finds that an application for the approval under the same paragraph complies with all of the following items:

Article 120(1)A person that has obtained approval set forth in Article 117, paragraph (1) (hereinafter referred to as an "approved telecommunications carrier") must start the telecommunications business related to the approval (hereinafter referred to as "approved telecommunications business") within the period designated by the Minister for Internal Affairs and Communications.

(2)If the Minister for Internal Affairs and Communications finds it particularly necessary, the Minister may divide the service areas set forth in Article 117, paragraph (2), item (ii) and designate the period set forth in the preceding paragraph for each divided service area.

(3)The Minister for Internal Affairs and Communications may extend the period set forth in paragraph (1), if the application is filed from an approved telecommunications carrier and the Minister finds that there are justifiable grounds for it.

(4)If an approved telecommunications carrier has commenced an approved telecommunications business (in the case in which the period was designated for service areas divided pursuant to the provisions of paragraph (2), the approved telecommunications business related to the division), it must notify the Minister for Internal Affairs and Communications to that effect without delay.

Article 121(1)An approved telecommunications carrier must not, without justifiable grounds, refuse to provide telecommunications services related to its approved telecommunications business.

(2)If an approved telecommunications carrier has violated the provisions of the preceding paragraph, the Minister for Internal Affairs and Communications may order the approved telecommunications carrier to improve the means of conducting its operations or take other measures, to the extent necessary for ensuring the interests of users or the public interest.

Article 122(1)If an approved telecommunications carrier intends to change the particulars set forth in Article 117, paragraph (2), item (ii) or item (iii), it must obtain approval from the Minister for Internal Affairs and Communications; provided, however, that this does not apply to minor changes specified by Order of the Ministry of Internal Affairs and Communications.

(2)If an approved telecommunications carrier has made minor changes specified by Order of the Ministry of Internal Affairs and Communications, which are set forth in the proviso of the preceding paragraph, it must notify the Minister for Internal Affairs and Communications to that effect without delay.

(3)The provisions of Article 117, paragraph (3), Article 118, item (i) and item (iii), and Article 119 apply mutatis mutandis to the approval set forth in paragraph (1).

(4)The provisions of Article 120 apply mutatis mutandis to the cases set forth in paragraph (1) (except cases in which the number of service areas is decreased).In this case, the term "Article 117, paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "Article 122, paragraph (1)."

(5)If an approved telecommunications carrier changes any of the particulars set forth in Article 117, paragraph (2), item (i), it must notify the Minister for Internal Affairs and Communications to that effect without delay.

Article 123(1)If an approved telecommunications carrier dies, the heir (if one particular heir has been selected from among two or more heirs as the successor of the approved telecommunications business by agreement among the heirs, that selected heir) succeeds to the status of the approved telecommunications carrier as the decedent.

(2)If an heir set forth in the preceding paragraph does not apply, within sixty days from the death of the decedent, for the authorization from the Minister for Internal Affairs and Communications with regard to succession, or a disposition not to authorize an application from the heir as set forth in the same paragraph is rendered, the approval of the approved telecommunications business ceases to be effective at the time when the period has passed or when the disposition is rendered.

(3)If a corporation having the status of an approved telecommunications carrier has conducted a merger or split (limited to those in which it has another corporation succeed to an approved telecommunications business in whole), the corporation surviving after the merger or the corporation newly established upon the merger, or the corporation that has succeeded to the approved telecommunications business in whole upon the split may succeed to the status of an approved telecommunications carrier with the authorization from the Minister for Internal Affairs and Communications.

(4)If an approved telecommunications carrier has assigned its approved telecommunications business in whole, the assignee of the approved telecommunications business in whole may succeed to the status of an approved telecommunications carrier with the authorization from the Minister for Internal Affairs and Communications.

(5)The provisions of Article 118 and Article 119 apply mutatis mutandis to the authorization set forth in the preceding three paragraphs.

Article 124(1)If an approved telecommunications carrier suspends or discontinues its approved telecommunications business in whole or in part, it must notify the Minister for Internal Affairs and Communications to that effect without delay.

(2)The period of suspension set forth in the preceding paragraph must not exceed one year.

Article 125If an approved telecommunications carrier falls under any of the following items, its approval ceases to be effective:

Article 126(1)The Minister for Internal Affairs and Communications may revoke the approval of an approved telecommunications carrier if it falls under any of the following items:

(2)If the Minister for Internal Affairs and Communications revokes approval pursuant to the provisions of the preceding paragraph, the Minister must notify the approved telecommunications carrier to that effect in writing with the reasons attached thereto.

Article 127(1)If an approved telecommunications carrier that has obtained approval of a change in the particulars set forth in Article 117, paragraph (2), item (ii) or item (iii), pursuant to the provisions of Article 122, paragraph (1), does not change the particulars within the period designated pursuant to the provisions of Article 120, paragraph (1), as applied mutatis mutandis pursuant to Article 122, paragraph (4) (if the period has been extended pursuant to the provisions of Article 120, paragraph (3), as applied mutatis mutandis pursuant to Article 122, paragraph (4), the extended period), the Minister for Internal Affairs and Communications may revoke its approval.

(2)The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the cases set forth in the preceding paragraph.

Article 128(1)If it is necessary and appropriate to use other persons' land and buildings or other structures affixed thereto (except administrative properties prescribed in Article 3, paragraph (2) of the National Property Act (Act No. 73 of 1948), administrative properties prescribed in Article 238, paragraph (3) of the Local Autonomy Act (Act No. 67 of 1947) and others specified by Cabinet Order (referred to as "administrative properties, etc." in paragraph (4)); hereinafter referred to as the "land, etc.") in order to install the wires and cables and antennas (limited to those installed on a single premises (including the area equivalent to those premises) or in a single building (hereinafter referred to as "premises, etc." in this paragraph) which the public pass through or assemble at, in the case of wires and cables and antennas installed within the premises, etc. primarily for the use of communications for persons who are in the premises, etc.) and other facilities accessory to them (hereinafter referred to collectively as "lines" in this Section) for the use of its approved telecommunications business, an approved telecommunications carrier may request the owner of the land, etc. (if there is a person that uses the land, etc. based on their title other than ownership, the person and the owner; hereinafter the same applies) to hold negotiations related to the establishment of the right to use the land, etc. (hereinafter referred to as "right to use"), with the authorization of the Minister for Internal Affairs and Communications. The same applies to the case in which an approved telecommunications carrier intends to extend the duration of the right to use as set forth in paragraph (3) and to use the land, etc. continuously after the end of that duration of the right.

(2)The authorization set forth in the preceding paragraph may be granted if an approved telecommunications carrier uses the land, etc. to an extent which does not seriously impair the use of the land, etc.; provided, however, that in the cases of land, etc. used for a business in which the land, etc. may be expropriated or used pursuant to the provisions of any other law, the authorization may be granted as long as the use of land, etc. does not obstruct the use for that business and in the cases of buildings and other structures, the authorization may be granted as long as they are used to support the lines.

(3)The duration of the right to use as set forth in paragraph (1) is fifteen years (or fifty years if the purpose of use is to establish underground cables or other underground structures, or aboveground structures made of steel or concrete); provided, however, that this does not apply to cases in which a shorter duration is set as a result of negotiations set forth in the same paragraph or a ruling set forth in Article 132, paragraph (2) or paragraph (3).

(4)If an application for authorization set forth in paragraph (1) is filed and the Minister for Internal Affairs and Communications finds it necessary, the Minister is to hear the opinions of the owner of the land, etc. (including the administrator of administrative properties, etc., and other persons specified by Cabinet Order, if the land, etc. is a building or other structures affixed to the administrative properties, etc.; the same applies in the following paragraph and Article 130, paragraph (1) and Article 131).

(5)If the Minister for Internal Affairs and Communications has granted authorization set forth in paragraph (1), the Minister must notify the owner of the land, etc. to that effect, and issue a public notice thereof.

(6)If an agreement is reached on the negotiations set forth in paragraph (1), the approved telecommunications carrier and the owner of the land, etc. are to, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, notify the Minister for Internal Affairs and Communications of the particulars decided through those negotiations.

(7)If the notification set forth in the preceding paragraph is filed, the approved telecommunications carrier is to acquire the right to use the land, etc., or the duration of the right to use is to be extended, in accordance with that notification.

(8)The approved telecommunications carrier and the owner of the land, etc. may extinguish the right to use through an agreement.In this case, they must notify the Minister for Internal Affairs and Communications to that effect without delay.

Article 129(1)If negotiations conducted pursuant to the provisions of paragraph (1) of the preceding Article fail or cannot be conducted, an approved telecommunications carrier may, in accordance with the procedures specified by Order of the Ministry of Internal Affairs and Communications, apply to the Minister for Internal Affairs and Communications for a ruling concerning the use of the land, etc.; provided, however, that this does not apply to cases in which three months have passed since the date on which the authorization set forth in the same paragraph was granted.

(2)If an approved telecommunications carrier applies for a ruling concerning extension of the duration of the right to use pursuant to the provisions of the preceding paragraph, it may continue to use the land, etc. until the ruling is rendered.

Article 130(1)When the Minister for Internal Affairs and Communications has received an application for a ruling under paragraph (1) of the preceding Article, the Minister must, within three days, send a copy of the application to the mayor of the municipality, and notify the owner of the land, etc. to the effect that the application for a ruling has been filed.

(2)When the mayor of the municipality receives the documents set forth in the preceding paragraph, the mayor must issue a public notice to that effect within three days and must make the documents available for public inspection for one week from the date of that public notice.

(3)When the mayor of the municipality issues the public notice under the preceding paragraph, the mayor must report the date on which the public notice is issued to the Minister for Internal Affairs and Communications.

(4)With regard to the application of the provisions of the preceding three paragraphs, the term "mayor of the municipality" in those provisions is replaced with "mayor of the special ward" in a place where a special ward exists; and with "mayor of the ward or mayor of consolidated ward" in a designated city prescribed in Article 252-19, paragraph (1) of the Local Autonomy Act.

Article 131When a public notice is issued pursuant to the provisions of paragraph (2) of the preceding Article, the owner of the land, etc. or any other interested persons may file with the Minister for Internal Affairs and Communications their written opinions within ten days from the date of the public notice.

Article 132(1)The Minister for Internal Affairs and Communications must render a ruling promptly after the period set forth in the preceding Article has passed.

(2)The ruling which determines that the right to use be established must specify the following particulars:

(3)a ruling which determines that the duration of the right to use be extended must specify the extended period (if the particulars listed in item (v) of the preceding paragraph are changed in the case of extending the period, the extended period and the particulars listed in the same item after the change).

(4)The Minister for Internal Affairs and Communications must, with regard to the particulars listed in paragraph (2), item (v) (including the particulars set forth in the preceding paragraph after the change), hear the opinions of the expropriation committee of the prefecture which has jurisdiction over the land, etc. in advance, and render a ruling based on those opinions.In this case, the standards of the consideration set forth in the same item are specified by Cabinet Order for each type of line and land, etc. to cover losses which may generally arise from its use.

(5)When the Minister for Internal Affairs and Communications renders a ruling set forth in Article 129, paragraph (1), the Minister must notify the approved telecommunications carrier and the owner of the land, etc. to that effect without delay and must issue a public notice thereof.

(6)If a ruling which determines that the right to use be established is rendered, the approved telecommunications carrier is to acquire the right to use the land, etc. on the scheduled starting date of use, which is specified in the ruling.

(7)If a ruling which determines that the duration of the right to use be extended is rendered, the duration of the right to use is to be extended for the period specified in the ruling.

(8)The provisions of Article 35, paragraph (8) through (10) apply mutatis mutandis to the ruling set forth in Article 129, paragraph (1).In this case, the term "the amount of money to be received or paid by the party (or parties)" in Article 35, paragraph (8) and paragraph (10) is replaced with "the amount of consideration."

Article 133(1)An approved telecommunications carrier may use another person's land, etc. temporarily to the extent that this does not seriously obstruct the use of the land, etc. with respect to conducting an approved telecommunications business, if the use of it for the purposes listed below is necessary and unavoidable; provided, however, that, in the cases of buildings or other structures, that use is limited for the purpose of supporting lines:

(2)If an approved telecommunications carrier intends to use another person's land, etc. temporarily pursuant to the provisions of the preceding paragraph, it must obtain permission of the Minister for Internal Affairs and Communications; provided, however, that this does not apply to temporary use for a period not exceeding fifteen days in the event of a natural disaster, accident or any other emergency.

(3)If an approved telecommunications carrier intends to use another person's land, etc. temporarily pursuant to the provisions of paragraph (1), it must notify the possessor of the land, etc. of it in advance; provided, however, that, if the notification is difficult to file in advance, it is sufficient for the approved telecommunications carrier to notify the possessor of it without delay after the commencement of using the land.

(4)If the land, etc. that an approved telecommunications carrier intends to use temporarily pursuant to the provisions of paragraph (1) is currently in use as part of a residence, the carrier must obtain the consent of the residence staying there.

(5)The period of temporary use under paragraph (1) does not exceed six months (if temporary lines or land survey markings have been set up in the cases set forth in item (ii) of the same paragraph, one year).

(6)A person that enters another person's land, etc. for the purpose of temporary use under paragraph (1) must carry a document certifying that the person has obtained the permission set forth in paragraph (2) (in the cases of the proviso of the same paragraph, a certificate for identification) and must show it to the persons concerned.

Article 134(1)An approved telecommunications carrier may enter another person's land if it is necessary to do so in order to conduct a survey, on-site investigation, or installation in relation to lines.

(2)The provisions of paragraph (2) through (4) and paragraph (6) of the preceding Article apply mutatis mutandis to the cases in which an approved telecommunications carrier enters another person's land pursuant to the provisions of the preceding paragraph.

Article 135(1)An approved telecommunications carrier may pass through another person's land if it is necessary to do so in order to conduct line installation or maintenance.

(2)The provisions of Article 69, paragraph (3) and Article 133, paragraph (3) and paragraph (4) apply mutatis mutandis to the cases in which an approved telecommunications carrier passes through another person's land pursuant to the provisions of the preceding paragraph.

Article 136(1)If plants cause, or are likely to cause, an obstruction to lines, or hinder surveys, on-site investigations or installation in relation to lines, and if it is unavoidable to do so, an approved telecommunications carrier may clear or move the plants with the permission of the Minister for Internal Affairs and Communications.

(2)If an approved telecommunications carrier clears or moves a plant pursuant to the provisions of the preceding paragraph, it must notify the owner of the plant to that effect in advance; provided, however, that, if the notification is difficult to make in advance, it is sufficient for the approved telecommunications carrier to notify the owner without delay after clearing or moving the plant.

(3)If the plants cause an obstruction to lines and an approved telecommunications carrier finds that these plant will seriously damage the lines and hinder the securing of communications in the case of leaving the obstruction unsolved, it may clear or move the plants without the permission of the Minister for Internal Affairs and Communications, notwithstanding the provision of paragraph (1).In this case, the approved telecommunications carrier must, without delay after clearing or transplanting the plant, notify the Minister for Internal Affairs and Communications to that effect, and must notify the owner of the plant of it.

Article 137(1)If an approved telecommunications carrier has caused a loss by temporarily using another person's land, etc. pursuant to the provisions of Article 133, paragraph (1), by entering another person's land pursuant to the provisions of Article 134, paragraph (1), by passing through another person's land pursuant to the provisions of Article 135, paragraph (1), or by clearing or moving plants pursuant to the provisions of paragraph (1) or paragraph (3) of the preceding Article, it must compensate the person for any losses that person have suffered..

(2)If negotiations on compensation for loss under the preceding paragraph between an approved telecommunications carrier and a person that has suffered the loss fail or cannot be conducted, the approved telecommunications carrier or the person that has suffered the loss may file with the prefectural governor an application for a ruling in accordance with the procedures specified by Order of the Ministry of Internal Affairs and Communications.

(3)The provisions of Article 35, paragraph (5) through (10) apply mutatis mutandis to the ruling set forth in the preceding paragraph.In this case, the term "the Minister for Internal Affairs and Communications" and the term "written answers" in paragraph (5) of the same Article are deemed to be replaced with "the prefectural governor" and "written answers (or written opinions when notifying the person that has suffered the loss of it)," respectively; the term "the Minister for Internal Affairs and Communications" in paragraph (6) of the same Article is replaced with "the prefectural governor"; and the term "the amount of money to be received or paid by the party (or parties)" in paragraph (8) and paragraph (10) of the same Article is replaced with "the amount of compensation."

(4)The ruling which determines that compensation be paid must specify the amount of compensation and the date and method of the payment.

Article 138(1)If the purpose or means of use of the land, etc. on which lines are installed based on the right to use or the land, etc. adjacent thereto has been changed and thereby the lines seriously hinder the use of that land, etc., the owner of that land, etc. may request an approved telecommunications carrier to take measures necessary to remove the hindrance, including relocation of the lines.

(2)An approved telecommunications carrier must take the measures set forth in the preceding paragraph, except in cases in which it is extremely difficult for conducting its operations, or from a technical perspective to take the measures set forth in the preceding paragraph.

(3)If negotiations between an approved telecommunications carrier and the owner of the land, etc. on the measures set forth in paragraph (1) fail or cannot be conducted, the approved telecommunications carrier or the owner of the land, etc. may apply to the Minister for Internal Affairs and Communications for a ruling in accordance with the procedures specified by Order of the Ministry of Internal Affairs and Communications.

(4)The provisions of Article 130, Article 131, and Article 132, paragraph (1) and paragraph (5) apply mutatis mutandis to the ruling set forth in the preceding paragraph.

(5)The ruling which determines that the measures set forth in paragraph (1) be taken may specify that the cost of the measures in whole or in part is to be borne by the owner of the land, etc.

(6)The ruling which determines that the measures set forth in paragraph (1) be taken must specify the date when those measures should be taken (in the case set forth in the preceding paragraph, the date when those measures should be taken and the amount, date and means of payment of the money to be borne by the owner of the land, etc.).

(7)When a public notice has been issued pursuant to the provisions of Article 132, paragraph (5), as applied mutatis mutandis pursuant to paragraph (4), the negotiations between the approved telecommunications carrier and the owner of the land, etc. are deemed to have reached an agreement pursuant to the provisions of the ruling.

(8)The provisions of Article 35, paragraph (8) through (10) apply mutatis mutandis to the ruling set forth in paragraph (3).In this case, the term "the amount of money to be received or paid by the party (or parties)" in paragraph (8) and paragraph (10) of the same Article is replaced with "the amount of costs to be borne."

Article 139When an approved telecommunications carrier has extinguished the use of the land, etc. or the use of the land, etc. for its approved telecommunications business becomes unnecessary, it must return that land, etc. after restoring it or compensating for the losses arising from not restoring it.

Article 140(1)If an approved telecommunications carrier intends to lay an underwater cable to be used for its telecommunications business (hereinafter referred to as an "underwater cable") under any surface of water for public use (hereinafter referred to as "waters"), it must notify the Minister for Internal Affairs and Communications and the relevant prefectural governor (including the Minister of Agriculture, Forestry and Fisheries are include, if the waters are fishing grounds over which the Minister of Agriculture, Forestry and Fisheries exercises the authorities of the prefectural governor pursuant to the provisions of Article 136 of the Fishery Act (Act No. 267 of 1949); the same applies in the following paragraph) of the following particulars in advance:

(2)When a notification is filed pursuant to the provisions of the preceding paragraph and the relevant prefectural governor finds it necessary to change the particulars related to the notification set forth in the preceding paragraph, based on the opinions of the interested persons related to the fishing rights (fishing rights under the Fishery Act; hereinafter the same applies) or of any persons actually and lawfully engaged in a fishery specified by Cabinet Order set forth in paragraph (4) of the following Article within the area set forth in item (i) of the preceding paragraph or in consideration of the impact to fisheries, the governor may notify the Minister for Internal Affairs and Communications and the approved telecommunications carrier to that effect, after conducting the necessary negotiations with other relevant prefectural governors if there are any, within thirty days from the date on which the notification was filed.

(3)The provisions of Article 11, paragraph (6) of the Fishery Act apply mutatis mutandis to the notification under the preceding paragraph.In this case, the term "the prefectural governor" in paragraph (6) of the same Article is deemed to be replaced with "the relevant prefectural governor that received the notification under Article 140, paragraph (1) of the Telecommunications Business Act."

(4)If an approved telecommunications carrier has received a notification under paragraph (2), it must change the particulars; provided, however, that this does not apply to the particulars if changing those particulars seriously hinders the conducting of its operations and the authorization to the effect that the changes to those particulars are not necessary is obtained from the Minister for Internal Affairs and Communications.

Article 141(1)If the application from an approved telecommunications carrier is filed and it is necessary for the protection of the underwater cable laid in accordance with the procedures set forth in the preceding Article, the Minister for Internal Affairs and Communications may designate an area within one thousand meters (in the case of a river to which the River Act (Act No. 167 of 1964) applies, or applies mutatis mutandis (hereinafter referred to as "river"), fifty meters) of the underwater cable as a protected area.

(2)The designation set forth in the preceding paragraph is made by issuing a notice.

(3)If a protected area has been designated pursuant to the provisions of paragraph (1), an approved telecommunications carrier must, pursuant to the provisions of Order of the Ministry of Internal Affairs and Communications, set up landmarks indicating that area and issue a public notice of the locations of the landmarks.

(4)In the protected area set forth in paragraph (1), it is prohibited for any person to anchor a vessel, engage in fishing using a trawl net or other fishing specified by Cabinet Order, mine soil, or moor a boat or raft to the landmarks set forth in the preceding paragraph; provided, however, that this does not apply to the cases in which there are compelling reasons for a river administrator to conduct river construction, for a coast administrator as prescribed in Article 2, paragraph (3) of the Coast Act (Act No. 101 of 1956) (hereinafter referred to as "coastal administrator" in this Article) to conduct construction work for coast conservation facilities prescribed in Article 2, paragraph (1) of the same Act (hereinafter referred to as "coastal conservation facilities" in this paragraph), or for the competent minister to conduct construction work for coastal conservation facilities pursuant to the provisions of Article 6, paragraph (1) of the same Act, or in other cases specified by Cabinet Order.

(5)If an application is filed by an approved telecommunications carrier and the prefectural governor (in cases in which the Minister for Agriculture, Forestry and Fisheries personally exercises the authorities of the prefectural governor pursuant to the provisions of Article 136 of the Fishery Act, the Minister for Agriculture, Forestry and Fisheries; the same applies in paragraph (7)) finds it necessary to protect underwater cables, the governor may revoke or change the fishing rights which have been established on the waters within the protected area set forth in paragraph (1), or order to suspend the exercise of those rights.

(6)The provisions of Article 11, paragraph (6) of the Fishery Act apply mutatis mutandis to the revocation or change of the fishing rights, or suspension of the exercise of those rights, pursuant to the provisions of the preceding paragraph. In these cases, the term "prefectural governor" in paragraph (6) of the same Article is deemed to be replaced with "prefectural governor that has received the application under Article 141, paragraph (5) of the Telecommunications Business Act."

(7)The prefectural governor must pay necessary consideration to protecting underwater cables with regard to establishing fishing rights on the waters within the protected area set forth in paragraph (1).

(8)A coastal administrator must pay necessary consideration to protecting underwater cables with regard to permitting the establishment of facilities or structures or any act on the waters within the protected area set forth in paragraph (1).

Article 142(1)An approved telecommunications carrier must compensate any person that holds the fishing rights for any loss caused by the revocation or change to their fishing rights or the suspension of the exercise of those rights under paragraph (5) of the preceding Article.

(2)The provisions of Article 39, paragraph (7) through (12) of the Fishery Act apply mutatis mutandis to the compensation for the loss under the preceding paragraph. In this case, the term "prefecture" in paragraph (10) and paragraph (11) of the same Article is deemed to be replaced with "approved telecommunications carrier."

Article 143A vessel must not navigate on the waters within the scope specified by Order of the Ministry of Internal Affairs and Communications within one thousand meters (in the case of a river, fifty meters) of a vessel which is engaged in laying or repairing underwater cables of an approved telecommunications carrier and posts a sign to that effect, or within the scope specified by Order of the Ministry of Internal Affairs and Communications within four hundred meters (in the case of a river, thirty meters) of a buoy which marks the location of the underwater cables being laid or repaired and posts a sign to that effect.

Article 144(1)A Telecommunications Dispute Settlement Commission (hereinafter referred to as the "Commission") is established under the Ministry of Internal Affairs and Communications.

(2)The Commission processes with the particulars authorized pursuant to the provisions of this Act, the Radio Act and the Broadcasting Act.

Article 145(1)The Commission is composed of five commission members.

(2)The commission members serve on a part-time basis; provided, however, that up to two of them may serve on a full-time basis.

Article 146(1)The Commission has a chair, who is appointed by the commission members from among themselves.

(2)The chair presides over the affairs of the Commission and represents the Commission.

(3)The chair must designate, in advance, a commission member to carry out the chair's duties in place of the chair if the chair is unable to attend to them.

Article 147(1)The commission members are appointed by the Minister for Internal Affairs and Communications, from among persons with deep insight into the telecommunications business, utilization of radio waves or broadcasting operations, with the consent of both Houses of the Diet.

(2)When the term of office of a commission member expires or a vacancy for that a position occurs and the Minister for Internal Affairs and Communications is not able to obtain the consent of both Houses of the Diet because the Diet is closed or because the House of Representatives has been dissolved, the Minister may appoint a person from qualified persons set forth in the preceding paragraph as a commission member, notwithstanding the provisions of the preceding paragraph.

(3)In the cases set forth in the preceding paragraph, the Minister for Internal Affairs and Communications must obtain the consent of both Houses of the Diet at the first Diet session following the appointment.In this case, if the Minister is not able to obtain the ex post facto approval of both Houses of the Diet, the Minister must immediately dismiss the commission member.

Article 148(1)The term of office of a commission member is three years; provided, however, that the term of office of a commission member that has been appointed to fill a vacancy is the remaining term of the predecessor.

(2)The commission members may be reappointed.

(3)When the term of office of a commission member expires, the commission member is to perform the duties until the successor is appointed.

Article 149When the Minister for Internal Affairs and Communications finds that a commission member is unable to perform their duties due to a mental or physical disorder or that the commission member has violated the obligations in the course of duties or committed any other misconduct unfitting for a commission member, the Minister may dismiss the commission member with the consent of both Houses of the Diet.

Article 150(1)A commission member must not divulge any secrets which may have come to the knowledge in the course of the duties. The same applies even after the commission member has retired from office.

(2)A commission member must not become an official of a political party or any other political organization, or actively engage in a political campaign during the term of office.

(3)A full-time commission member must not, during the term of office, engage in other duties for which that member receives remuneration, operate a business for profit, or conduct any other operations for monetary gain, except in the cases approved by the Minister for Internal Affairs and Communications.

Article 151Remuneration of commission members is prescribed separately by law.

Article 152(1)A secretariat is established under the Commission to handle the administrative functions of the Commission.

(2)A director-general and other officials considered necessary are placed under the secretariat.

(3)The director-general handles the work of the secretariat upon the order of the chair.

Article 153Beyond what is provided for in this Section, particulars necessary for the Commission are specified by Cabinet Order.

Article 154(1)If a telecommunications carrier requests another telecommunications carrier to conclude an agreement on interconnection of telecommunications facilities but the requested telecommunications carrier refuses to hold negotiations or those negotiations fail, or negotiations between the parties about concluding an agreement on the interconnection of telecommunications facilities fail on the amount of money to be received or paid by the parties, the terms and conditions of interconnection and the other details of the agreement, the parties may apply to the Commission for mediation; provided, however, that this does not apply to the cases in which the parties have already filed a petition set forth in Article 35, paragraph (1) or paragraph (2), an application for a ruling under paragraph (3) of the same Article, or an application for arbitration under paragraph (1) of the following Article.

(2)The Commission is to conduct mediation except the case in which it finds that this case is not appropriate for mediation by its nature, or the case it finds that the parties have filed an application for mediation without due cause and for unjust reasons.

(3)The mediation of the Commission is conducted by mediation commissioners whom the Commission nominates for each case from among the commission members or other officials (limited to those whom the Commission designates in advance; the same applies in paragraph (3) of the following Article).

(4)The mediation commissioners must mediate the parties, confirm the points of both parties' arguments, and make efforts to resolve the case.

(5)The mediation commissioners may hear opinions from the parties or request reports from the parties, prepare a draft of mediation as necessary for resolving the case, and present it to the parties.

(6)The mediation commissioners is to terminate the mediation on a case being undertaken if the parties file a petition set forth in Article 35, paragraph (1) or paragraph (2), an application for a ruling under paragraph (3) of the same Article, or an application for arbitration under paragraph (1) of the following Article.

Article 155(1)If negotiations between telecommunications carriers about concluding an agreement on interconnection of telecommunications facilities fail on the amount of money to be received or paid by the parties, the terms and conditions of interconnection, or the other agreement details, the both parties may apply to the Commission for arbitration; provided, however, that this does not apply to the cases in which the parties have already filed a petition set forth in Article 35, paragraph (1) or paragraph (2), or an application for a ruling under paragraph (3) of the same Article.

(2)An arbitration of the Commission is conducted by three arbitration commissioners.

(3)The Commission appoints those selected with the agreement of the parties, from among the commission members and other officials, as arbitration commissioners; provided, however, that, if selection with the agreement of the parties has not been made, the Commission appoints arbitration commissioners from among the commission members and other officials.

(4)Unless otherwise specified in this Article, the provisions of the Arbitration Act (Act No. 138 of 2003) apply mutatis mutandis to the arbitration by deeming arbitration commissioners as arbitrators.

Article 156(1)The provisions of the preceding two Articles apply mutatis mutandis to agreements concerning the sharing of telecommunications facilities or structure for telecommunications facilities installation.In this case, the term "terms and conditions of interconnection" in Article 154, paragraph (1) and paragraph (1) of the preceding Article is deemed to be replaced with "terms and conditions for sharing"; and the term "Article 35, paragraph (1) or paragraph (2)" and the term "paragraph (3) of the same Article" in Article 154, paragraph (1) and paragraph (6) and paragraph (1) of the preceding Article is to be replaced with "Article 38, paragraph (1)" and "Article 35, paragraph (3), as applied mutatis mutandis pursuant to paragraph (2) of the same Article," respectively.

(2)The provisions of the preceding two Articles apply mutatis mutandis to contracts concerning the provision of wholesale telecommunications services.In this case, the term "terms and conditions of interconnection" and the term "details of the agreement" in Article 154, paragraph (1) and paragraph (1) of the preceding Article are deemed to be replaced with "terms and conditions for the provision of those services" and " details of the contract," respectively; and the term "Article 35, paragraph (1) or paragraph (2)" and the term "paragraph (3) of the same Article" in Article 154, paragraph (1) and paragraph (6) and paragraph (1) of the preceding Article are deemed to be replaced with "Article 38, paragraph (1), as applied mutatis mutandis pursuant to Article 39" and "Article 35, paragraph (3), as applied mutatis mutandis pursuant to Article 39," respectively.

Article 157(1)If negotiations between telecommunications carriers about concluding an agreement or contract specified by Cabinet Order as what is necessary to conclude in order to ensure that telecommunications services are smoothly provided (referred to as "agreement, etc." in paragraph (3)) fail on the amount of money to be received or paid by the parties, the terms and conditions, or the details of them, those parties may apply to the Commission for mediation; provided, however, that this does not apply to the cases in which any party has already filed an application for arbitration under the same paragraph.

(2)The provisions of Article 154, paragraph (2) through paragraph (6) apply mutatis mutandis to the mediation set forth in the preceding paragraph.In this case, "a petition set forth in Article 35, paragraph (1) or paragraph (2), an application for a ruling under paragraph (3) of the same Article, or an application for arbitration under paragraph (1) of the following Article" is deemed to be replaced with "an application for arbitration under Article 157, paragraph (3)".

(3)If negotiations between telecommunications carriers about concluding an agreement etc. fail on the amount of money to be received or paid by the parties, the terms and conditions, or the details of them, the both parties may apply to the Commission for arbitration.

(4)The provisions of Article 155, paragraph (2) through paragraph (4) apply mutatis mutandis to the arbitration set forth in the preceding paragraph.

Article 157-2(1)If negotiations between telecommunications carriers and a person operating a telecommunications business listed in Article 164, paragraph (1), item (iii) (referred to as "business of item (iii)"), about concluding a contract (hereinafter referred to simply as "contract" in paragraph (3)) related to provision of telecommunications service which is to be used in operating the business of item (iii), the provision of which the person operating that business has requested, fail on the amount of money to be received or paid by the parties, the terms and conditions, or the other details of them, the parties may apply to the Commission for mediation; provided, however, that this does not apply to the cases in which any party has already filed an application for arbitration under paragraph (3).

(2)The provisions of Article 154, paragraph (2) through paragraph (6) apply mutatis mutandis to the mediation set forth in the preceding paragraph.In this case, the term "petition set forth in Article 35, paragraph (1) or paragraph (2), an application for arbitration pursuant to the provisions of paragraph (3) of the same Article, or the next Article paragraph (1)" is deemed to be replaced with the term "Article 157-2, paragraph (3)".

(3)If negotiations between telecommunications carriers and the person operating the business of item (iii) about concluding an agreement etc. fail on the amount of money to be received or paid by the parties, the terms and conditions or the details of them, the both parties may apply to the Commission for arbitration.

(4)The provisions of Article 155, paragraph (2) through paragraph (4) applies mutatis mutandis to the arbitration set forth in the preceding paragraph.

Article 158An application for mediation or arbitration filed with the Commission pursuant to the provisions of this Section must be made via the Minister for Internal Affairs and Communications.

Article 159Beyond what is provided for in this Section, particulars necessary for procedures for mediation and arbitration are specified by Cabinet Order.

Article 160The Minister for Internal Affairs and Communications must consult the Commission on the particulars listed below; provided, however, that this does not apply to particulars that the Commission finds to be minor:

Article 161(1)If the Minister for Internal Affairs and Communications intends to render a disposition under Article 19, paragraph (2), Article 20, paragraph (3), Article 21, paragraph (4), Article 29, Article 30, paragraph (5), Article 31, paragraph (4), Article 33, paragraph (6) or paragraph (8), Article 34, paragraph (3), Article 35, paragraph (1) or paragraph (2), Article 38, paragraph (1) (including as applied mutatis mutandis pursuant to Article 39), Article 39-3, paragraph (2), Article 44-2 or Article 121, paragraph (2), the Minister must hold a hearing notwithstanding the classification of procedures for hearing the statements of opinions under Article 13, paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993).

(2)When a hearing is held in relation to a disposition set forth in the preceding paragraph or a disposition under Article 44-5, and that disposition is to be subjected to consultation with the Commission pursuant to the provisions of the preceding Article, the official presiding over the hearing related to the disposition is appointed from among the commission members with a recommendation from the Commission.

(3)The presiding official of the hearing related to a disposition rendered set forth in paragraph (1) or a disposition under Article 44-5 must grant permission if the interested person related to the disposition has requested to participate in the procedures of the hearing pursuant to the provisions of Article 17, paragraph (1) of the Administrative Procedure Act.

Article 162(1)The Commission may provide necessary recommendations to the Minister for Internal Affairs and Communications with respect to the particulars authorized pursuant to the provisions of this Act.

(2)If the Minister for Internal Affairs and Communications receives a recommendation set forth in the preceding paragraph, the Minister must announce that recommendation.