Contents
Chapter I General Provisions(Articles 1-3)
Chapter II Licensing of Radio Station(Articles 4-27)
Chapter III Radio Equipment(Articles 28-38)
Chapter IV Radio Operators(Articles 39-51)
Chapter V Operation
Section 1 General Rules(Articles 52-61)
Section 2 Operation of Coast Station and Ship Station(Articles 62-70)
Chapter VI Regulation(Articles 71-82)
Chapter VII Hearing and Lawsuit(Articles 83-99)
Chapter VIII Miscellaneous Provisions(Articles 100-104)
Chapter IX Penal Provisions(Articles 105-116)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to promote the public welfare by insuring the fair and efficient utilization of the radio wave.
(Definitions)
Article 2. For an understanding of this Law and the orders issued thereunder, the following definitions shall apply:
(1) "Radio wave" :Electromagnetic wave of frequencies in the band from 10 kc/s to 3,000,000 Mc/s, inclusive;
(2) "Radiotelegraph" :Communication equipment for sending or receiving signal codes by means of radio wave;
(3) "Radiotelephone" :Communication equipment for sending or receiving voices and other sounds by means of radio wave;
(4) "Radio equipment" :Electric equipment for sending or receiving radio wave, such as the radiotelegraph and radiotelephone;
(5) "Radio station" :Integrated body of radio equipment furnished with a person to conduct the operation of radio equipment. However, those for the purpose of reception only shall not be included;
(6) "Radio operator" :A person to conduct the operation of radio equipment with a license of the Radio Regulatory Commission.
(Conventions related to Radio Wave)
Article 3. In case there are provisions prescribed otherwise in Conventions relating to the radio wave, such provisions shall apply.
CHAPTER II Licensing of Radio Station
(Establishment of Radio Station)
Article 4. A person who desires to establish a radio station shall obtain a license from the Radio Regulatory Commission. However, this shall not apply to those radio stations emitting very weak radio waves which are prescribed by Radio Regulatory Commission Regulations.
2 Radio station intended for conducting public communication service (meaning radio communication service provided for the general use of the public;hereinafter the same) can not be established except by the State.
(Cause of Incompetency)
Article 5. A person coming under one of the following items shall not be granted a radio station license:
(1) Any person who is not a Japanese national;
(2) Any foreign Government or its representative;
(3) Any alien juridical person or body;
(4) Any juridical person or body, of which a person or persons mentioned in any of the preceding three items is the representative, or such persons constitute not less than one third of the officers, or hold not less than one third of the right to vote;
(5) Any person who has been sentenced to a penalty severer than a fine on conviction of violating the provisions of this Law or of the Broadcast Law (Law No.132 of 1950) and with respect to whom two years have not elapsed from the day when he served out his punishment or when he has ceased to undergo the execution of such punishment;
(6) Any person who has had the station license revoked and with respect to whom a period of two years has not elapsed from the date of such revocation.
2 The provision of the preceding paragraph shall not apply to a station coming under any one of the following items:
(1) Experimental radio station (radio station to be established solely for carrying out the experiments for the development of science and technics;hereinafter the same);
(2) Radio station established on board ship mentioned in Article 14 of the Law for Safety of Vessels (Law No.11 of 1933).
(Application for License)
Article 6. A person who desires to apply for the license of a radio station shall submit to the Radio Regulatory Commission a written application together with a document stating the following matters:
(2) Reason for establishment;
(3) Person with whom to communicate and matters for communication;
(4) Place of installation of radio equipment;
(5) Type of emission and desired frequency band and antenna power;
(6) Permitted operating hours desired (meaning hours permitted for operation;hereinafter the same);
(7) Construction design of radio equipment and expected date of completion of construction work;
(8) Method of disbursement of construction expenses of radio equipment and operating expenses for radio station;
(9) Expected date of commencement of operation.
2 Any person who desires to apply for the license of a radio station trasmitting radio communications intended to be directly received by the public (hereinafter to be referred to as "broadcasting" ) shall, notwithstanding the provision of the preceding paragraph, submit to the Radio Regulatory Commission a written application together with a document stating the following matters:
(1) Matters mentioned in items 1, 2 and 4 to 9 inclusive of the preceding paragraph;
(2) Enterprise plan and revenue and expenditure estimate of the enterprise;
(3) Matters to be broadcast;
3 A person who desires to apply for the license of a ship station (ship radiotelegraph station (radio station established on board ship conducting radio communications by means of radiotelegraph) and ship radiotelephone station (radio station established on board ship conducting radio communications by means of radiotelephone);hereinafter the same) shall state the owner, service, gross tonnage, passenger capacity in case of a passenger ship, navigating area, principal port of mooring and identification signal of the ship in the document mentioned in paragraph 1, in addition to the matters mentioned in the same paragraph.
(Examination of Application)
Article 7. The Radio Regulatory Commission shall, on acceptance of the application mentioned in the preceding Article, examine without delay whether or not the application meets the following respective items:
(1) That the construction design satisfies the technical standards prescribed in Chapter III;
(2) That it is possible to assign frequency;
(3) That there is a financial basis sufficient to maintain the said enterprise;
(4) In addition to those mentioned in the preceding three items, that the establishment of the station applied for is in conformity with the basic standard established by Radio Regulatory Commission Regulations for establishing radio stations.
2 The Radio Regulatory Commission may, if it deems necessary for the examination of the application, require the applicant to present himself or produce necessary data.
(Construction Permit)
Article 8. If the Radio Regulatory Commission, as the result of the examination made in accordance with the provision of the preceding Article, deems that the application satisfies the provisions of each item of paragraph 1 of the same Article, it shall grant the construction permit of the radio station to the applicant by designating the following matters:
(1) Term for completion of construction work;
(2) Type of emission and frequency;
(3) Call sign (identification signal included;hereinafter the same) or call name;
(5) Permitted operating hours.
2 The Radio Regulatory Commission may extend, on application by the person granted the construction permit, the term mentioned in item (1) of the preceding paragraph, if it deems reasonable.
(Alteration of Construction Design)
Article 9. In case a person who has been granted the construction permit mentioned in the preceding Article desires to alter the construction design, prior approval of the Radio Regulatory Commission is required. However, this shall not apply to matters of less importance to be prescribed by Radio Regulatory Commission Regulations.
2 In case the construction design has been altered with respect to the matters mentioned in the proviso to the preceding paragraph, notification to that effect must be made to the Radio Regulatory Commission without delay.
3 The alteration mentioned in paragraph 1 shall not cause any alteration in the frequency, type of emission or antenna power and shall satisfy the technical standards mentioned in Article 7 paragraph 1 item (1).
(Inspection after Completion of Work)
Article 10. The applicant who has been given the construction permit mentioned in Article 8 shall, when the construction work is completed, notify the Radio Regulatory Commission to that effect and undergo the inspection as to the radio equipment and the qualification and number of the radio operators.
(Rejection of License)
Article 11. In the case of absence of filing of such notification as is mentioned in the preceding Article within two weeks from the date of expiration of the term mentioned in Article 8 paragraph 1 item (1)(or the extended term, in case it has been extended in accordance with the provision of paragraph 2 of the same Article), the Radio Regulatory Commission shall reject the license for such radio station.
(Grant of License)
Article 12. In case the Radio Regulatory Commission deems that, as the result of the inspection made in accordance with the provision of Article 10, the radio equipment satisfies the construction design mentioned in Article 6 paragraph 1 item (7) or paragraph 2 item (1) of the same Article (or the changed construction design, in case the construction design has been changed in accordance with the provision of Article 9) and the qualification and number of the radio operators meet the provision of Articles 40 and 50, it shall grant a license to the applicant without delay.
(Effective Term of License)
Article 13. The effective term of license shall be determined by Radio Regulatory Commission Regulations for a period not exceeding five years (three years for a broadcast station) computed from the date of the granting of license. However, it may be renewed.
2 Notwithstanding the provision of the preceding paragraph, the effective term for the license of a ship radiotelegraph station on board a ship mentioned in Article 4 of the Law for Safety of Vessels (including the cases where Article 4 of the Law for Safety of Vessels applies mutatis mutandis by Cabinet Order based on the provision of Article 14 of the same Law;hereinafter the same) and on board a fishing ship mentioned in Article 5 of the Cabinet Order relating to Limitation on Operating Area of Fishing Ship (Cabinet Order No.306 of 1949) shall be unlimited.
(License Certificate)
Article 14. In case the license is granted, the Radio Regulatory Commission shall deliver a license certificate.
2 In the license certificate, there shall be stated the following matters:
(1) Date and number of license;
(2) Name or title of license (person granted the license of radio station;hereinafter the same);
(3) Classification of radio station;
(4) Purpose of radio station;
(5) Person with whom to communicate and matters for communication;
(6) Place of installation of radio equipment;
(7) Effective term of license;
(8) Call sign or call name;
(9) Type of emission, frequency, oscillation system and modulation system;
(11) Type and composition of antenna;
(12) Permitted operating hours.
3 In the license certificate of a broadcast radio station, there shall be stated the following matters, notwithstanding the provision of the preceding paragraph:
(1) Matters mentioned in items (1) to (4) inclusive and items (6) to (12) inclusive of the preceding paragraph;
(2) Broadcasting matters;
(Procedure for Renewal of License)
Article 15. Renewal of license mentioned in the proviso to Article 13 paragraph 1 may be effected by such simple procedure as may be provided for by Radio Regulatory Commission Regulations, notwithstanding the provisions of Articles 6 and 8 to 12 inclusive.
(Notification of Commencement of Operation)
Article 16. When the applicant for license is granted the license, he shall, without delay, notify the Radio Regulatory Commission of the date when the operation of the radio station is to commence.
(Application for Change of Licensed Matters)
Article 17. The license shall obtain the prior approval of the Radio Regulatory Commission, in case he desires to change the person with whom to communicate, to alter the matters for communication or the place of installation of radio equipment, or to make construction work for the alteration of radio equipment. It shall be the same in case the licensee of a broadcast station desires to alter the matters to be broadcast or the service area.
2 The proviso to Article 9 paragraph 1 and the provisions of paragraphs 2 and 3 shall apply mutatis mutandis to the cases where the work for the alteration of radio equipment is conducted in accordance with the provision of the preceding paragraph.
(Inspection of Alteration)
Article 18. The licensee who has, in accordance with the provision of paragraph 1 of the preceding Article, obtained approval for the alteration of place of installation of radio equipment or for construction work for the alteration of radio equipment shall not operate such approved radio equipment before the equipment has undergone the inspection of the Radio Regulatory Commission and has been acknowledged that the result of such change of place of installation or such reconstruction work satisfies the terms of the approval mentioned in the same paragraph of the same Article.
(Change of Frequency, etc. on Application)
Article 19. On application by a licensee for the change of designation of call sign or call name, type of emission, frequency, antenna power or permitted operating hours, the Radio Regulatory Commission may change these items in such cases as are deemed particularly necessary for the avoidance of interference or others.
(Succession of License)
Article 20. In case any succession or amalgamation occurs to a licensee, the successor or the juridical person remaining after the amalgamation or the juridical person established by the amalgamation shall succeed the status of the licensee.
2 In case the person operating the ship on which a ship station is established is changed due to the transfer of ownership of the ship, or by the conclusion, alteration or cancellation of charter party, the person to operate the ship after such change shall succeed the status of the licensee.
3 The person who has succeeded the status of licensee in accordance with the provisions of the preceding two paragraphs shall, without delay, notify the Radio Regulatory Commission to that effect with a document certifying the fact attached thereto.
(Correction of License Certificate)
Article 21. In case any change has occurred to the matters stated in the license certificate, the licensee shall present the certificate to the Radio Regulatory Commission for correction.
(Abolition and Suspension)
Article 22. In case the licensee intends to abolish his station, he shall notify the Radio Regulatory Commission to that effect. The same formalities shall be followed when he desires to suspend the operation of the radio station for a period of one month or more.
Article 23. The license of a radio station shall be null and void when the licensee has abolished his station.
(Return of License Certificate)
Article 24. When the license has become invalid, the license certificate shall be returned by the licensee within one month.
(Public Notice of Radio Station)
Article 25. When the Radio Regulatory Commission has granted license, it shall make public notice concerning such matters related to the radio station as prescribed by Radio Regulatory Commission Regulations.
(Publicity of Frequency)
Article 26. The Radio Regulatory Commission shall prepare a list, kept up to date, of frequencies available for future allocation and those allocated, for information to applicants for license, which shall be made available for the public.
(Special Case of Licensing)
Article 27. The Radio Regulatory Commission may, notwithstanding the provisions of Articles 6 to 14 inclusive and 25, grant license to a radio station on board a ship acquired in a foreign country.
2 The license granted in accordance with the provision of the preceding paragraph shall lose its effect when the ship has arrived at the port of destination in Japan.
CHAPTER III Radio Equipment
(Quality of Emission)
Article 28. The quality of emission of a transmitting equipment, such as the frequency tolerance, bandwidths occupied by emission and intensity of higher harmonics, must be as prescribed by Radio Regulatory Commission Regulations.
(Condition on Receiving Equipment)
Article 29. Receiving equipment must not be such that the incidental emission or high frequency current thereof will exceed the limits provided for by Radio Regulatory Commission Regulations and hinder the function of other radio equipment.
(Safety Devices)
Article 30. A radio equipment must be furnished with such devices as provided for by Radio Regulatory Commission Regulations so as not to cause any harm to persons or damage to objects.
(Provision of Frequency Measuring Instrument)
Article 31. Such transmitting equipment as prescribed by Radio Regulatory Commission Regulations must be equipped with a frequency measuring instrument of which the error shall be less than one half of the frequency tolerance of the emission of the equipment.
(Provision of Meters and Component Parts)
Article 32. The radio equipment of a ship station must be equipped with such matters, parts for replacement and other articles necessary for the operation of the radio equipment as prescribed by Radio Regulatory Commission Regulations.
(Equipment of Emergency Lamp, Voice Tube, etc.)
Article 33. A ship station shall be equipped with an emergency lamp in its operating room.
2 In case the operating room of a ship station shall have a voice tube or telephone, or some equipment for contact as its substitute, between the operating room and the bridge.
(Conditions on Compulsory Radiotelegraph on board Ship)
Article 34. The main transmitter of a radiotelegraph installed on board ship mentioned in Article 4 of the Law for Safety of Vessels (hereinafter to be referred to as "compulsory radiotelegraph" shall have an effective communication range of not less than 190 km in day time on frequency 500 kc/s.
2 For radiotelegraphs installed on board ship mentioned in Article 4 paragraph 1 item (3) of the Law for Safety of Vessels (including the cases where the said item (3) applies mutatis mutandis by Cabinet Order based on the provision of Article 14 of the same law:hereinafter the same), the Radio Regulatory Commission may provide for exceptions to the effective communication range mentioned in the preceding paragraph.
Article 35. The compulsory radiotelegraph shall be furnished with an emergency equipment satisfying the conditions mentioned below. However, the above shall not apply to radiotelegraphs installed on board ships mentioned in Article 4 paragraph 1 item (3) of the Law for Safety of Vessels and prescribed by Radio Regulatory Commission Regulations as such:
(1) To have an independent power supply;
(2) To be capable of continued operation for not less than six hours;
(3) The transmitter shall have an effective communication range of not less than 95 km (not less than 150 km for category I station mentioned in Article 50) in day time on frequency 500 kc/s;
(4) The receiving equipment shall be capable of receiving frequency on 500 kc/s and also be capable of receiving with crystal detection system;
(5) To be capable of immediate operation in perfect condition.
2 The emergency equipment mentioned in the preceding paragraph shall be installed at a safer place on board as high as possible above the maximum load line.
3 In case the main transmitting or receiving equipment satisfies the conditions mentioned in the preceding two paragraphs, emergency equipment may be dispensed with.
(Conditions on Radiotelegraph on Board Lifeboat)
Article 36. The rediotelegraph which must be equipped with on a lifeboat of a ship by order authorized by the provision of Article 2 of the Law for Safety of Vessels (including the cases where the said Article applies mutatis mutandis by Cabinet Order based on the provision of Article 14 of the same Law) shall be such as to meet the following conditions:
(1) To be capable of sending and receiving on frequency 500 kc/s;
(2) To be capable of continued operation for three hours or more;
(3) The transmitting equipment shall have communication range of not less than 50km in day time on frequency 500kc/s;
(4) The receiving equipment shall also be capable of receiving with crystal detection system;
(5) The devices shall be capable of standing against the vibration caused by the engine of the lifeboat;
(6) To be protected with an effective waterproof device.
(Type Testing of Radio Devices)
Article 37. As regards the frequency measuring instrument obligated to be installed in accordance with the provision of Article 31, automatic alarm receiving equipment to be installed on board ship and direction finding radio equipment to be prescribed by Radio Regulatory Commission Regulations, only those of types having passed the type test of the Radio Regulatory Commission shall be installed.
(Other Technical Standards)
Article 38. Radio equipment (excluding those for the purpose of receiving broadcasting only) must be those meeting the technical standards prescribed by Radio Regulatory Commission Regulations in addition to those prescribed in this Chapter.
CHAPTER IV Radio Operators
(Operation of Radio Equipment)
Article 39. The operation of the radio equipment of a radio station must not be conducted by persons other than such radio operators as are prescribed in the following Article. However, this shall not apply to the case where a ship cannot get a radio operator because she is at sea or to such cases as may be provided for by Radio Regulatory Commission Regulations.
(Scope of Service of Radio Operators)
Article 40. The qualification of radio operators shall be as listed in the left column of the table below and they may respectively be engaged in the operation of the radio equipment of a radio station mentioned in the right column:
Classification of radio operator |
Operation of radio equipment authorized to be conducted |
First class service radio operator |
Service operation of radio equipment;Technical operation of radio equipment established on board ship;Technical operation of radiotelegraph on land of antenna power of not more than 2KW and technical operation of radiotelephone on land of antenna power of not more than 500W. |
Second class service radio operator |
Service operation of radio equipment for domestic communication;Service operation of radio equipment for international communication conducted under the direction of a first class service radio operator;Technical operation of radiotelegraph on board ship of antenna power of not more than 500W and technical operation of radiotelephone on board ship of antenna power of not more than 150W;Technical operation in a fishery coast station (radio station established on land for communicating with ship stations;hereinafter the same) of radiotelegraph of antenna power of not more than 250W and of radiotelephone of antenna power of not more than 75W; Technical operation of portable radiotelegraph and radiotelephone of antenna power of not more than 50W. |
Third class service radio operator |
Service operation of radio equipment for domestic communication conducted under the direction of a first or second class service radio operator;Service operation and technical operation of radiotelegraph of antenna power of not more than 250W and of radiotelephone of antenna power of not more than 100W established on board a fishing ship; Service operation and technical operation in a fishery coast station of radiotelegraph of antenna power of not more than 125W and of radiotelephone of antenna power of not more than 50W. |
Telephone class service radio operator |
Service operation and technical operation of radiotelephone of antenna power of not more than 100W established on board ship;Service operation and technical operation in a fishery coast station of radiotelephone of antenna power of not more than 50 W.Watcher class service radio operator |
Service operation of radiotelegraph established on board ship |
(limitted to keeping watch for distress signal, urgency signal and safety signal) |
First class technical radio operator |
Technical operation of radio equipment |
Second class technical radio operator |
Technical operation of radio equipment conducted under the direction of a first class technical radio operator;Technical operation of radiotelegraph of antenna power of not more than 2KW and of radiotelephone of antenna power of not more than 500 W |
First class amateur radio operator |
Service operation and technical operation of radio equipment of amateur radio station (radio station established for conducting radio-communication with personal interest;hereinafter the same) |
Second class amateur radio operator |
Service operation and technical operation of radiotelephone of amateur radio station of antenna power of not more than 100 W using frequencies above 50 Mc/s or below 8 Mc/s |
Special class radio operator |
Operation of such radio equipment as may be determined by Radio Regulatory Commission Regulations |
(License)
Article 41. Any person who desires to become a radio operator must pass the State examination conducted for each qualification mentioned in the preceding Article and obtain the license of the Radio Regulatory Commission whithin three months from the day when he passed the examination.
(Cases not Licensed)
Article 42. Any person falling under one of the following items may not be granted a radio operator's license:
(1) A person who has been punished with a penalty not lighter than a fine on conviction of committing the offense mentioned in Chapter IX and with respect to whom two years have not elapsed from the day when he served out his punishment or has ceased to undergo the execution of such punishment;
(2) A person whose license has been revoked and with respect to whom two years have not elapsed from the date of such revocation;
(3) A person of serious physical or mental deficiency who is found unsuited to be a radio operator.
(List of Radio Operators)
Article 43. The List of Radio Operators shall be kept by the Radio Regulatory Commission to enter the matters related to license.
(Effective Term of License)
Article 44. The effective term of license of a radio operator shall be five years computed from the date of licensing.
(Renewal of License)
Article 45. A radio operator may apply for the renewal of his licence for the same class of qualification.
2 In case the applicant mentioned in the preceding paragraph falls under any one of the following items, the Radio Regulatory Commission shall renew the license without the State examination for radio operators:
(1) Where he has actually served in such service as licensed for not less than two and half years in the aggregate during the effective term of license, and has not violated this Law or the orders issued thereunder or dispositions based on such law or orders;
(2) Where he has actually served in such service as licensed for not less than one and half years in the aggregate during the effective term of license involving not less than six months'service within one year before the date of application, and has not violated this Law or the orders issued thereunder or dispositions based on such law or orders.
3 In case the applicant mentioned in paragraph 1 does not fall under any one of the items of the preceding paragraph, the Radio Regulatory Commission may omit whole or part of the State examination for radio operators, considering the actual service experience and service record related to the applicant's operation of radio equipment.
4 The provisions of Articles 42 and 44 shall apply mutatis mutandis to the renewal of license.
(State Examination for Radio Operators)
Article 46. The State examination for radio operators shall be conducted with regard to the knowledge and technics needed for the operation of radio equipment.
Article 47. The State examination for radio operators shall be conducted by the Radio Regulatory Commission at least once a year according to the qualification mentioned in Article 40.
Article 48. In case any unjust conduct is found relating to the State examination for radio operators, the Radio Regulatory Commission may suspend the candidate related to the unjust conduct from receiving the examination or nullify his examination. In such a case, the candidate may further be prevented from taking the examination for a fixed period.
(Delegation to Orders)
Article 49. In addition to those prescribed in Article 41 to the preceding Article inclusive, matters concerning the procedures related to the licensing of radio operators, such as the application for license and delivery, redelivery and return of license certificate, and details for the State examination for radio operators, such as the subjects thereof and formalities for application for examination shall be provided for by Radio Regulatory Commission Regulations.
(Assignment of Chief Operator, etc.)
Article 50. A ship radiotelegraph station stated in the left column of the following table shall have a service radio operator mentioned in the right column as chief operator (chief of ship radio operators):
Ship radiotelegraph station |
Radio operator |
Category I station (A ship radiotelegraph station on board a passenger ship of not less than 3,000 gross tons or on board a ship exceeding 5,500 gross tons and which is not a passenger ship;hereinafter the same). |
A person who has engaged himself in the service for not less than four years at a ship radiotelegraph station as a first class service radio operator within fifteen years before he becomes a chief operator and who still holds a first class service radio operator's license. |
Category II A station (A ship radiotelegraph station on board a ship prescribed in Article 4 of the Law for Safety of Vessels and which is a passenger ship of gross tonnage of less than 3,000 tons and not less than 500 tons, or a ship other than a passenger ship of gross tonnage of less than 5,500 tons and not less than 1,600 tons;hereinafter the same). |
A person who has engaged himself in the service for not less than two years at a ship radiotelegraph station as a first class service radio operator within fifteen years before he becomes a chief operator and who still holds a first class service radio operator's license. |
Category II B station (A ship radiotelegraph station on board a ship other than a passenger ship (excluding those coming under Category I station and Category II A station) conducting the public communication service, or a ship radiotelegraph station on board a passenger ship (excluding those coming under Category I station and Category II A station);hereinafter the same). |
A person licensed for a first class service radio operator;or a person who has engaged himself in the service for not less than one year at a ship radiotelegraph station or coast station as a second class service radio operator within fifteen years before he becomes a chief operator and who still holds a second class service radio operator's license. |
2 The Radio Regulatory Commission may, if it may deem necessary, determine, by Radio Regulatory Commission Regulations, the number per class of qualification of radio operators to be assigned to a radio station, in addition to those prescribed in the preceding paragraph.
(Report of Employment or Dismissal of Radio Operator)
Article 51. In case the licensee of a radio station has employed or dismissed a radio operator, he shall report to the Radio Regulatory Commission to that effect without delay.
CHAPTER V Operation
Section 1 General Rules
(Prohibition of Use of Station for Other Purposes, etc.)
Article 52. Radio stations must not be operated beyond the scope of their purposes, persons with whom to communicate or matters for communication (for radio station for broadcasting, matters to be broadcast) stated in the license certificate. However, this shall not apply to the communications listed below:
(1) Distress traffic (radiocommunication, preceded by the distress signal, conducted at the time when a ship is in a serious and pressing condition;hereinafter the same);
(2) Urgency traffic (radiocommunication, preceded by the urgency signal, conducted at the time when a ship is expected to run into a serious and pressing condition or at the time of urgency;hereinafter the same);
(3) Safety traffic (radiocommunication, preceded by the safety signal, conducted for avoiding a serious danger to navigation of ship;hereinafter the same);
(4) Emergency traffic (radiocommunication conducted, in the case where the communication by wire circuit is not available or is very difficult, for the rescue of lives, relief for disaster, security of traffic and communication, or for the maintenance of order at the time of emergency such as earthquake, typhoon, flood, tidal wave, avalanche, fire or rioting, or when such a state is expected to arise;hereinafter the same);
(5) Reception of broadcasting;
(6) Such other communications as prescribed by Radio Regulatory Commission Regulations.
Article 53. In the operation of a radio station, the call sign or call name, type of emission, frequency, oscillation system, modulation system and the type and composition of antenna must be as stated in the license certificate. However, this shall not apply to the distress traffic.
Article 54. In the operation of a radio station, the antenna power must be the minimum necessary to conduct the communication within the limits of the power stated in the license certificate. However, this shall not apply to the distress traffic.
Article 55. A radio station must not be operated except in the permitted operating hours designated in accordance with the provision of Article 8 paragraph 1. However, this shall not apply to the cases where the communication listed in the respective items of Article 52 is conducted and to the cases prescribed by Radio Regulatory Commission Regulations.
(Avoidance of Interference, etc.)
Article 56. A radio station must be so operated as to cause no interference or disturbance harmful to the operation of any other radio station. However, this shall not apply to the communications listed in items (1) to (4) inclusive of Article 52.
(Use of Artificial Antenna Circuit)
Article 57. A radio station must, as far as possible, employ an artificial antenna circuit in the cases mentioned below:
(1) Where it is operated for testing or adjusting devices used in radio equipment;
(2) Where an experimental radio station is operated.
(Communication of Experimental Station, etc.)
Article 58. In the communication conducted by an experimental radio station or amateur radio station, the use of secret language is forbidden.
(Protection of Secrecy)
Article 59. No person shall be permitted, except as otherwise prescribed by law, to intercept a radiocommunication addressed to a particular person and divulge or take advantage of the existence or contents of such radiocommunication.
(Provision of Time Piece, Service Documents, etc.)
Article 60. A radio station must be provided with an accurate time piece, radio inspection book, radio log and other documents as may be prescribed by Radio Regulatory Commission Regulations.
(Method of Communication, etc.)
Article 61. Details necessary for the security of functions of radio equipment such as the methods of calling or reply and other communication methods of a radio station, inquiry of time, and adjustment of emergency equipment, lifeboat radio equipment, direction-finding equipment and automatic alarm receiving equipment shall be prescribed by Radio Regulatory Commission Regulations.
Section 2 Operation of Coast Station and Ship Station
(Operation of Ship Station)
Article 62. The operation of a ship station is authorized only while the ship is at sea. However, this shall not apply to the cases where the station is operated for reception only or where the traffic listed in each item of Article 52 is conducted or to such other cases prescribed by Radio Regulatory Commission Regulations.
2 When their operation is interfered with by ship stations, coast stations are authorized to require the interfering ship stations to take such action as may be found necessary for the elimination of such interference.
3 In the case of communication with a coast station, ship stations shall, when instructed by the coast station as to the order or time of communication or the type or frequency of emission used, comply with such instruction.
(Hours the Station must be in Operation)
Article 63. A ship radiotelegraph station, while the ship is at sea, must be in operation continuously for a Category I Station;for hours on the time table prescribed by Radio Regulatory Commission Regulations for a Category II Station. However, this shall not apply to the cases prescribed in Radio Regulatory Commission Regulations.
2 The hours on the time table mentioned in the preceding paragraph shall be 16 hours a day for a Category II A Station and 8 hours a day for a Category II B Station.
3 A coast station shall be operated continuously. However, this shall not apply to those coast stations prescribed by Radio Regulatory Commission Regulations.
(Silence Period)
Article 64. Coast stations and ship stations are prohibited from emitting waves on frequencies in the band from 485 kc/s to 515 kc/s inclusive from the 15th minute to the 18th minute and from the 45th minute to the 48th minute of every hour, Japanese Standard Time (to be referred to as "first silence period" ;hereinafter the same). However, this shall not apply to the case of conducting the distress traffic or urgency traffic, or transmitting the safety signal in the last twenty seconds of the first silence period.
2 Coast stations and ship stations are prohibited from emitting such waves to be prescribed by Radio Regulatory Commission Regulations other than those on frequencies mentioned in the preceding paragraph for a period in every hour to be provided for by Radio Regulatory Commission Regulations within the limits not exceeding six minutes (to be referred to as "second silence period" ;hereinafter the same).
3 The proviso to paragraph 1 shall apply mutatis mutandis to the case mentioned in the preceding paragraph.
(Duty of Watch-Keeping)
Article 65. Coast stations and ship radiotelegraph stations to which the frequency 500 kc/s is assigned must keep watch on the frequency 500 kc/s during the hours the stations must be in operation (hereinafter to be referred to as "compulsory operating hours" ). However, this shall not apply to the case where a station is engaged in actual communication, except in the first silence period.
2 Coast stations and ship stations to which the frequencies prescribed by Radio Regulatory Commission Regulations mentioned in paragraph 2 of the preceding Article are designated must keep watch on such frequency during their compulsory operating hours. However, this shall not apply to the case where a station is engaged in actual communication, except in the second silence period prescribed by Radio Regulatory Commission Regulations.
(Distress Traffic)
Article 66. On receiving distress traffic, coast stations and ship stations must, with absolute priority over all other radiocommunications, immediately reply to it and take the best possible steps for the communications related to the rescue such as to inform the most conveniently situated radio station for rendering rescue to the ship in distress.
2 All radio stations must, on receiving distress traffic, immediately stop the emission of waves liable to cause interference therewith.
(Urgency Traffic)
Article 67. Coast stations and ship stations must handle the urgency traffic with priority next to the distress traffic.
2 Coast stations and ship stations must, on receiving urgency signals, receive the urgency traffic at least for three minutes continuously, except in case of conducting distress traffic.
(Safety Traffic)
Article 68. Coast stations and ship stations must handle the safety traffic promptly and correctly.
2 Coast stations and ship stations must, on receiving the safety traffic, keep listening to such traffic until they will have confirmed that the traffic has no concern with them.
(Communication for Adjustment of Devices of Ship Station)
Article 69. In case a coast station or ship station is requested by another ship station to exchange communication necessary for adjustment of devices of radio equipment, it must, so long as circumstances permit, comply with the request.
(Notification of Entry to and Exit from Zone of Communication)
Article 70. When a ship radiotelegraph station has entered or is leaving the zone of communication of a coast station, it shall notify the coast station to that effect. However, this shall not apply to the cases as prescribed by Radio Regulatory Commission Regulations.
2 The zone of communication of coast station mentioned in the preceding paragraph shall be determined by Radio Regulatory Commission Regulations.
CHAPTER VI Regulation
(Change of Frequency, etc.)
Article 71. In case where it is necessary for the regulation of radio wave as well as for the public interest, the Radio Regulatory Commission may change the designation of frequency or antenna power of the radio station in the limits that such change would not hinder the accomplishment of the purpose of the radio station.
2 The State shall compensate the licenses for the damages caused by the change of designation of frequency or antenna power of the radio station prescribed in the preceding paragraph.
3 The damages to be compensated for in accordance with the provision of the preceding paragraph shall be the damages which normally occur by the disposition mentioned in the same paragraph.
4 A person not contented with the amount of compensation mentioned in paragraph 2 may apply by a suit for the increase of such amount within three months from the day the received notice of the decided compensation amount.
5 In the case of a suit mentioned in the preceding paragraph, the State shall be the defendant.
(Suspension of Emission)
Article 72. In case it is deemed that the quality of emission from a radio station does not meet the requirements determined by Radio Regulatory Commission Regulations mentioned in Article 28, the Radio Regulatory Commission may order such station to suspend its emission temporarily.
2 In case the Radio Regulatory Commission has received the notice from the radio station which received the order mentioned in the preceding paragraph to the effect that the quality of the emission of the said station has come to meet the requirements determined by Radio Regulatory Commission Regulations mentioned in Article 28, it shall allow the station to emit the wave tentatively.
3 In case the quality of the wave emitted in accordance with the provision of the preceding paragraph meets the requirements determined by Radio Regulatory Commission Regulations mentioned in Article 28, the Radio Regulatory Commission shall immediately release the suspension mentioned in paragraph 1.
(Inspection)
Article 73. The Radio Regulatory Commission shall, once a year on the date to be notified in advance, send its personnel to a radio station and cause him to inspect the radio equipment, qualification and number of operators, as well as time piece and documents of the station mentioned in Article 60. However, this shall not apply to a radio station to which license was granted in that year or a radio station on board ship plying between places of foreign countries.
2 In case where the suspension mentioned in paragraph 1 of the preceding Article was ordered, or where there was such notification as mentioned in paragraph 2 of the same Article, or where the ship on which a radio station is installed is leaving port for a foreign country, or in other special cases deemed necessary for securing the enforcement of this Law, the Radio Regulatory Commission may send its personnel to such station to inspect the radio equipment, qualification and number of operators, as well as time piece and documents of the station mentioned in Article 60.
3 Personnel to enter and inspect a radio station in accordance with the provisions of the preceding two paragraphs shall carry with him an official identification card and show it to persons concerned on request.
4 The inspection made in accordance with the provision of paragraph 1 or 2 shall not be interpreted as having been allowed for the search of crime.
(Radiocommunication in Emergency)
Article 74. The Radio Regulatory Commission is authorized to cause a radio station to conduct such communication as are found necessary for the rescue of lives, relief for disasters, security of traffic and communications or for the maintenance of order at a time of emergency, such as earthquake, typhoon, flood, tidal wave, avalanche, fire or rioting, or when such state of emergency is expected to arise.
2 In case the Radio Regulatory Commission causes a radio station to conduct communications in accordance with the provision of the preceding paragraph, the State shall compensate the actual expenses needed for such communications.
(Revocation of License of Radio Station, etc.)
Article 75. The Radio Regulatory Commission shall revoke the license of a radio station when the licensee has become a person to whom the license cannot be granted in accordance with the provision of Article 5.
Article 76. The Radio Regulatory Commission may, in case the licensee of a radio station has violated this Law, the Broadcast Law, or the orders issued thereunder or dispositions based thereupon, order the radio station to suspend its operation for a fixed period not exceeding three months, or limit its permitted operating hours, frequency or antenna power for a fixed period.
2 The Radio Regulatory Commission may revoke the license of a radio station in case the licensee falls under one of the following items:
(1) Where he has suspended the operation of his station for a continued period of six months or more without just reason;
(2) Where he has obtained the license of a radio station or the permission mentioned in Article 17, or caused the change of designation mentioned in the provision of Article 19, by unfair means;
(3) Where he does not obey the order or limitation mentioned in the provision of the preceding paragraph.
Article 77. In case the Radio Regulatory Commission has taken dispositions in accordance with the provisions of the preceding two Articles, it shall deliver a document stating the reason therein to the licensee.
(Dismantling of Antenna)
Article 78. In case the station license has become invaild, the ex-licensee must, without delay, dismantle the antenna system.
(Revocation of Radio Operator's License, etc.)
Article 79. The Radio Regulatory Commission may revoke the radio operator's license or suspend the licensee from engaging in the service for a fixed period of not more than three months, in case the licensee falls under any one of the following items:
(1) Where he has violated this Law or the orders issued thereunder or dispositions based thereupon;
(2) Where he has obtained the license or has his license renewed by unfair means.
2 The provision of Article 77 shall apply mutatis mutandis to the revocation or suspension mentioned in the preceding paragraph.
(Report)
Article 80. The licensee of a, radio station must, in accordance with the procedures as prescribed by Radio Regulatory Commission Regulations, make a report to the Radio Regulatory Commission in the following cases:
(1) Where any distress, urgency, safety or emergency traffic has been conducted;
(2) Where any radio station being operated in contravention of this Law or the orders issued thereunder has been perceived;
(3) Where the emission from any radio equipment other than that of a radio station made public in accordance with the provision of Article 25 has come to his knowledge;
(4) Where his radio station incurred in any foreign country any other restriction on operation than those made public by the Radio Regulatory Commission in advance.
Article 81. The Radio Regulatory Commission may, if it may deem necessary for the maintenance of order of radiocommunication or for securing the proper operation of radio station, require the licensee to make a report relating to the radio station.
(Regulation on Receiving Equipment)
Article 82. In case the incidental emission or high frequency current emitted from a receiving equipment gives continuous and serious disturbance to the function of other radio equipment, the Radio Regulatory Commission may order the owner or occupant of such receiving equipment to take such action as may be, necessary for eliminating such disturbance.
2 In case the Radio Regulatory Commission has ordered such action as mentioned in the preceding paragraph concerning a receiving equipment other than those intended for the reception of broadcasting, it may, if it is deemed necessary, dispatch its personnel to the place where the equipment is installed for inspecting such equipment.
3 The provision of Article 73 paragraphs 3 and 4 shall apply mutatis mutandis to the case mentioned in the preceding paragraph.
CHAPTER VII Hearing and Lawsuit
(Cases for Hearing)
Article 83. In any of the following cases, the Radio Regulatory Commission shall hold a hearing in accordance with the provisions of this Chapter;
(1) In cases where the Radio Regulatory Commission Regulations are to be established in accordance with the provisions of proviso to Article 4 paragraph 1 (Radio Station not Required to be Licensed), Article 7 paragraph 1 item (4)(Basic Standard of Establishment of Radio Station), Article 13 paragraph 1 (Effective Term of License of Radio Station), Article 15 (Procedure for Renewal of License), Article 28 (including the cases where Article 28 applies mutatis mutandis in Article 100 paragraph 3)(Quality of Emission), Article 29 (Conditions on Receiving Equipment), Article 30 (including the cases where Article 30 applies mutatis mutandis in Article 100 paragraph 3)(Safety Devices), Article 31 (Provision of Frequency Measuring Instrument), Article 32 (Provision of Meters and Component Parts), Article 35 (Provision of Emergency Equipment), Article 37 (Type Testing of Radio Devices), Article 38 (including the cases where Article 38 applies mutatis mutandis in Article 100 paragraph 3)(Technical Standards), Article 39 (Operation of Radio Equipment), Article 40 (Scope of Service of Special Class Radio Operators), Article 49 (Details of State Examination, etc.), Article 50 paragraph 2 (Designation of Number of Operators by Qualification), Article 52 item (6)(Use of Station for Other Purposes), Article 55 (Operation outside Permitted Operating Hours), Article 61 (Method of Communication, etc.), Article 64 paragraph 2 (Second Silence Period), Article 65 paragraph 2 (Duty of Watch-keeping) and Article 100 paragraph 1 item (2)(Equipment utilizing High Frequencies);
(2) Where dispositions to revoke the license of a radio station are to be taken in accordance with the provisions of Article 76 paragraph 2 or to revoke the license of a radio operator in accordance with the provisions of Article 79 paragraph 1;
(3) In case any complaint has been lodged against the dispositions of the Radio Regulatory Commission.
2 In addition to the cases mentioned in the preceding paragraph, the Radio Regulatory Commission may hold hearings for such matters as it may deem necessary.
(Lodgement of Complaint)
Article 84. A person not contented with the dispositions of the Radio Regulatory Commission made in accordance with the provisions of this Law or the orders issued thereunder may lodge complaint against the Radio Regulatory Commission.
2 The lodgement of complaint shall, within thirty days from the date when the complainant has become aware of the dispositions, be made by presenting a written application to the Radio Regulatory Commission with the reason stated therein. However, no complaint will be accepted after the lapse of sixty days from the date of the dispositions.
(Dismissal of Complaint)
Article 85. The Radio Regulatory Commission shall dismiss the complaint immediately, if it deems that the lodgement of complaint is illegal.
2 The dismissal of complaint pursuant to the provision of the preceding paragraph shall be made in writing with the reason stated therein;a copy thereof shall be delivered to the complainant.
(Opening of Hearing)
Article 86. In case a complaint has been lodged in accordance with the provisions of Article 84, the Radio Regulatory Commission shall open a hearing within thirty days from the day when the Radio Regulatory Commission accepts the application of complaint, except in the case where it dismisses the complaint in accordance with the provision of the preceding Article.
Article 87. The hearing shall be presided over by an examiner designated by the Radio Regulatory Commission for a designated case. However, this shall not apply to the case where a member of the Commission is designated by the Radio Regulatory Commission to preside over a hearing where the case is of special importance.
Article 88. The hearing shall be opened by delivering to the parties interested in the case (in the case of the hearing held for a complaint, the parties interested in the case and the person who has lodged the complaint;hereinafter the same) the notice to open the hearing, with the outline of the case and the date and place of the hearing stated therein, together with the summons, in the name of the examiner (the member, in the case of proviso to the preceding Article;hereinafter the same).
2 When the notice to open the hearing mentioned in the preceding paragraph has been dispatched, the outline of the case and the date and place of the hearing shall be made public.
(Participation)
Article 89. Besides those prescribed in the preceding Article, any person who wishes to participate in the hearing to state his opinion must apply in writing to the examiner for participation as a party interested by stating the reason wherefor he is interested in the case and the gist of his claim.
(Proxy)
Article 90. Parties interested in the case may appoint an attorney or other appropriate person for their proxy.
(Investigation)
Article 91. The examiner may, if he deemes necessary for conducting a hearing, examine the parties interested, summon and examine witnesses, and require reports of such parties or witnesses.
(Claim and Proof)
Article 92. Parties interested in the case or proxies thereof or the Radio Regulatory Commission may, at the hearing, protest their claim, give proof, or examine the parties interested or witnesses or the Radio Regulatory Commission.
(Record and Written Recommendation)
Article 93. The examiner shall prepare a record at the hearing.
2 The examiner shall prepare a written recommendation based on the record mentioned in the preceding paragraph and present it to the Radio Regulatory Commission together with the record mentioned in the same paragraph.
3 The record mentioned in paragraph 1 and written recommendation mentioned in the preceding paragraph shall be made accessible to the public by the Radio Regulatory Commission.
(Decision)
Article 94. The Radio Regulatory Commission shall make decision for the case on the basis of the record and written recommendation mentioned in the preceding Article.
2 The decision mentioned in the preceding paragraph shall be made in writing, the authorized copies of which shall be delivered to the parties interested mentioned in Articles 88 and 89.
3 There shall be stated in the writing mentioned in the preceding paragraph the facts confirmed by the Radio Regulatory Commission through the hearing and the reason therefor.
(Travelling Expenses, etc. of Witness)
Article 95. Witnesses summoned in accordance with the provision of Article 91 shall receive the travelling expenses, allowance per diem and hotel charges of the amount prescribed by Cabinet Order.
(Matters to be Delegated to Orders)
Article 96. In addition to those provided for in this Chapter, the procedures related to hearing shall be prescribed by Radio Regulatory Commission Regulations.
(Jurisdiction of Court)
Article 97. Suits against the dispositions of the Radio Regulatory Commission made in accordance with the provisions of this Law or the orders issued thereunder shall be under the jurisdiction of the Tokyo Higher Court.
(Demand for Record)
Article 98. In case the suit mentioned in the preceding Article has been instituted, the court shall, without delay, demand of the Radio Regulatory Commission the delivery of the record of the case in question.
(Binding Force of Confirmed Facts)
Article 99. Relating to the suit instituted in accordance with the provision of Article 97, the facts legally confirmed by the Radio Regulatory Commission shall bind the court if there exist substantial evidences to support them.
2 Existence of the substantial evidences prescribed in the preceding paragraph shall be left to the judgement of the court.
CHAPTER VIII Miscellaneous Provisions
(Equipment Utilizing High Frequency)
Article 100. A person who intends to establish the equipment mentioned below must apply for the license of the Radio Regulatory Commission for such equipment:
(1) A telegraph, telephone or other communication equipment operated on frequencies not less than 10 kc/s in its wire circuits (excluding cable carrier equipment and balanced 2 bare-wire carrier equipment);
(2) Equipment other than a radio equipment and other than the equipment mentioned in the preceding paragraph, utilizing high frequencies not less than 10 kc/s and which is prescribed by Radio Regulatory Commission Regulations.
2 Upon receipt of the application for the license mentioned in the preceding paragraph, the Radio Regulatory Commission shall grant license therefor in case it recognizes that the equipment applied for meets the technical standards mentioned in Articles 28, 30 and 38 which are to be applied mutatis mutandis in the next paragraph and that the use of frequency by the equipment applied for will cause no harmful interference to any other communication.
3 The provisions of Article 14 paragraphs 1 and 2 (License Certificate), Article 17 (Approval for Change, etc.), Article 21 (Correction of License Certificate), Article 22, Article 23 (Abolition and Suspension), Article 24 (Return of License Certificate), Article 28 (Quality of Emission), Article 30 (Protective Devices), Article 38 (Technical Standards), Article 72 (Suspension of Emission), Article 73 paragraphs 2 to 4 inclusive (Inspection), Article 76, Article 77 (Revocation of Station License) and Article 81 (Report) shall apply mutatis mutandis to the equipment licensed in accordance with the provision of paragraph 1.
(Protection of Function of Radio Equipment)
Article 101. The provision of Article 82 paragraph 1 shall apply mutatis mutandis to an equipment (excluding the equipment mentioned in the preceding Article), other than radio equipment, of which the incidental emission or high frequency current gives continuous and serious disturbance to the function of radio equipment.
Article 102. In case a person intends to construct such buildings or structures as to be provided for in Radio Regulatory Commission Regulations capable of causing disturbance in the electric field within the area of radius 1 km from the site of a direction-finding radio equipment established by the Radio Regulatory Commission, he shall notify the Radio Regulatory Commission to that effect in advance.
2 The site of the direction-finding radio equipment mentioned in the preceding paragraph shall be made public by the Radio Regulatory Commission.
(Collection of Fees)
Article 103. Persons listed in the left column of the following table shall pay the fee, on the date prescribed by Cabinet Order, of the amount to be determined by Cabinet Order within the limits of amounts stated in the right column for the respective items.
Person who must pay the fee Amount |
(1) |
A person who applies for the license in accordance with the provision of Article 6 \3,000 |
(2) |
A person who receives the inspection after the completion of construction in accordance with the provision of Article 10 |
|
(a) Ship stations: |
|
Those of antenna power of not more than 50W |
3,600 |
Those of antenna power of not more than 200W |
6,000 |
Those of antenna power of not more than 2KW |
8,000 |
Those of antenna power exceeding 2KW |
13,000 |
(b) Radio stations for broadcasting: |
|
Those of antenna power of not more than 50W |
6,000 |
Those of antenna power of not more than 500W |
10,000 |
Those of antenna power of not more than 10KW |
19,000 |
Those of antenna power exceeding 10KW |
22,000 |
(c) Other radio stations: |
|
Those of antenna power of not more than 50W |
4,000 |
Those of antenna power of not more than 200W |
7,000 |
Those of antenna power of not more than 2KW |
9,000 |
Those of antenna power exceeding 2KW |
15,000 |
(3)A person who receives the inspection in accordance with the provision of Article 73 paragraph 1 |
|
(a) Ship stations: |
|
Those of antenna power of not more than 50W |
1,800 |
Those of antenna power of not more than 200W |
3,000 |
Those of antenna power of not more than 2KW |
4,000 |
Those of antenna power exceeding 2KW |
6,500 |
(b) Radio stations for broadcasting: |
|
Those of antenna power of not more than 50W |
3,000 |
Those of antenna power of not more than 500W |
5,000 |
Those of antenna power of not more than 10KW |
9,500 |
Those of antenna power exceeding 10KW |
11,000 |
(c) Other radio stations: |
|
Those of antenna power of not more than 50W |
2,000 |
Those of antenna power of not more than 200W |
3,500 |
Those of antenna power of not more than 2KW |
4,500 |
Those of antenna power exceeding 2KW |
7,500 |
(4)A person who receives the inspection in accordance with the provision of Article 18 (excluding a person who has obtained the approval under Article 17 paragraph 1 for alteration of the designation made in accordance with the provision of Article 71 paragraph 1) |
5,000 |
(5)A person who receives the type testing in accordance with the provision of Article 37 |
20,000 |
(6)A person who applies for the State examination for radio operators in accordance with the provision of Article 41 |
500 |
(7)A person who applies for the renewal of license in accordance with the provision of Article 45 paragraph 1 and who comes under paragraph 2 of the same Article |
100 |
(8)A person who applies for the reissue of station license certificate or operators license certificate |
100 |
(Application to the State)
Article 104. The provisions of this Law shall, excepting those of Chapters VII and IX, apply to the State. In this case, "license" or "permission" shall read "approval," except in Chapter IV.
CHAPTER IX Penal Provisions
Article 105. A person engaged in the radiocommunication service who has not handled or has delayed the distress traffic prescribed in Article 66 paragraph 1 shall be sentenced to a penal servitude with fixed term of not less than one year.
2 A person who has interfered with the handling of the distress traffic shall also be subjected to the same punishment as mentioned in the preceding paragraph.
3 Attempts to commit the crime mentioned in the preceding two paragraphs shall be punished.
Article 106. A person who, with the object of giving an advantage to himself or to any other person or of inflicting damage on any other person, despatches a false message by means of radio equipment or communication equipment mentioned in Article 100 paragraph 1 item (1) shall be sentenced to a penal servitude for a period not exceeding three years or to a fine not exceeding two hundred thousand yen.
2 A person who, by means of radio equipment, transmits distress traffic while there is no such distress at sea shall be sentenced to a penal servitude for a period of not less than three months but not exceeding ten years.
Article 107. A person who has, by means of radio equipment or communication equipment mentioned in Article 100 paragraph 1 item (1), conducted communication of matter claiming to destroy, with violence, the Constitution of Japan or the government established thereunder shall be sentenced to a penal servitude or imprisonment without hard labor for a period not exceeding five years.
Article 108. A person who has, by means of radio equipment or communication equipment mentioned in Article 100 paragraph 1 item (1), conducted communication of indecent matter shall be sentenced to a penal servitude for a period not exceeding two years or to a fine not exceeding one hundred thousand yen.
Article 109. A person who has divulged or taken advantage of the secrecy of radiocommunication being handled by a radio station shall be sentenced to a penal servitude for a period not exceeding one year or to a fine not exceeding fifty thousand yen.
2 In a case where any person engaged in the radiocommunication service has divulged or taken advantage of the secrecy mentioned in the preceding paragraph which has come to his knowledge in connection with his duties, he shall be sentenced to a penal servitude for a period not exceeding two years or to a fine not exceeding one hundred thousand yen.
Article 110. A person falling under one of the following items shall be sentenced to a penal servitude for a period not exceeding one year or to a fine not exceeding fifty thousand yen:
(1) A person who has operated a radio station without the license prescribed in Article 4 paragraph 1;
(2) A person who has used the radio equipment mentioned in Article 100 paragraph 1 without the licence provided for in the same paragraph of the same Article;
(3) A person who has operated a radio station in contravention of the provision of Article 52, Article 53 or Article 55;
(4) A person who has operated a radio equipment in contravention of the provision of Article 18;
(5) A person who has operated a radio station of which the emission or operation has been suspended by the provision of Article 72 paragraph 1 (including the cases where Article 72 paragraph 1 applies mutatis mutandis in Article 100 paragraph 3) or Article 76 paragraph 1 (including the cases where Article 76 paragraph 1 applies mutatis mutandis in Article 100 paragraph 3) or an equipment mentioned in Article 100 paragraph 1;
(6) A person who has acted in contravention of the dispositions provided for in Article 74 paragraph 1.
Article 111. A person who has refused, interfered with, or evaded the inspection provided for in Article 73 paragraph 1 or paragraph 2 (including the cases where Article 73 paragraph 1 or 2 applies mutatis mutandis in Article 100 paragraph 3) or Article 82 paragraph 2 shall be sentenced to a penal servitude for a period not exceeding six months or to a fine not exceeding thirty thousand yen.
Article 112. A person falling under one of the following items shall be punished with a fine not exceeding fifty thousand yen:
(1) A person who violates the provision of Article 62 paragraph 1;
(2) A person who violates the restrictions on the operation provided for in Article 76 paragraph 1 (including the cases where Article 76 paragraph 1 applies mutatis mutandis in Article 100 paragraph 3).
Article 113. A person falling under one of the following items shall be punished with a fine not exceeding thirty thousand yen.
(1) A person who has violated the provision of Article 39;
(2) A person who has violated the provision of Article 64 paragraph 1;
(3) A person who has violated the provision of Article 78;
(4) A person who has conducted the operation of radio equipment in contravention of the dispositions of suspention of function provided for in Article 79 paragraph 1;
(5) A person who has violated the order made in accordance with the provision of Article 82 paragraph 1 (including the cases where Article 82 paragraph 1 applies mutatis mutandis in Article 101).
Article 114. In case the representative of a juridical person, or the proxy, employee or other person engaged in the service, of a juridical person or natural person has, in regard to the business of the juridical or natural person, perpetrated the act of contravention mentioned in Articles 110 to 113 inclusive, the juridical person or natural person shall, besides the offender, be punished with the fine prescribed in the respective Articles.
Article 115. A person who has, in contravention of the dispositions made by the examiner in accordance with the provision of Article 91, not answered to the summons, has made no statement or made false statement, or has made no report or made false report, shall be punished with an administrative fine not exceeding three thousand yen.
Article 116. A person falling under one of the following items shall be punished with an administrative fine not exceeding three thousand yen:
(1) A person who makes no notification in contravention of the provision of Article 20 paragraph 3;
(2) A person who makes no notification in contravention of the provision of Article 22 (including the cases where Article 22 applies mutatis mutandis in Article 100 paragraph 3);
(3) A person who does not return the license certificate in contravention of the provision of Article 24 (including the cases where Article 24 applies mutatis mutandis in Article 100 paragraph 3).
Supplementary Provisions:
(Date of Enforcement)
1. This Law shall come into force as from the day when the period of thirty days will have elapsed counting from the day of its promulgation.
(Abrogation of Wireless Telegraph Law)
2. The Wireless Telegraph Law (Law No.26, of 1915;hereinafter to be referred to as "the old law" ) shall be abrogated.
3. The provisions of Articles 6, 15, 19, 21 and 23, Article 24 paragraph 1, Articles 25, 26 and 28 of the old law shall still be effective even after the enforcement of this Law until the law relating to the public communication service is enacted and enforced.
(Application of Penal Provisions of the Old Law)
4. The old law shall still be effective even after the enforcement of this Law in applying penal provisions to acts committed before the enforcement of this Law.
(Tentative Measures regarding Radio Operator)
5. A person holding, at the time of enforcement of this Law, a license for the first, second, third, telephone or watcher class of radio operator in accordance with the provisions of the Regulations for Qualifying Examination for Radio Operators (Ministry of Communications Ordinance No.8 of 1931) shall be deemed as having been licensed, on the date of enforcement of this Law, correspondingly for the first class, second class, third class, telephone class and watcher class of service radio operator in accordance with the provisions of this Law.
6. A person who has, at the time (1 June 1940) of abrogation of the Regulations for Qualifying Examination for Telecommunication Engineers (Ministry of Communications Ordinance No.13 of 1940), been holding a license for the first or second class of telecommunication engineer, or the third (radio) class of telecommunication engineer in accordance with the provisions of the same regulations shall be deemed as having correspondingly been licensed, on the date of enforcement of this Law, for the first class or second class of technical radio operator in accordance with the provisions of this Law.
7. If a person who was deemed as having been licensed in accordance with the provisions of the preceding two paragraphs does not apply for the radio operator's license certificate prescribed in this Law within one year from the date of enforcement of this Law, the license shall be invalid by the expiration of such period unless the failure of such application is due to force majeure.
8. A person who is actually engaged in the technical operation of a radio equipment at the time of enforcement of this Law may, notwithstanding the provision of Article 39, engage himself in the technical operation of radio equipment without the qualification of technical radio operator for one year after the enforcement of this Law.
9. During three years from the date of enforcement of this Law, the second class service operator may, notwithstanding the provision of Article 40, be engaged, for conducting international communication, in the service operating of radio equipment installed on board ship, within the area enclosed by lines of meridian 175 East, meridian 113 East, parallel 21 North and parallel 63 North.
(Dispositions, etc. Made before the Enforcement of This Law)
10. Besides those prescribed in paragraphs 5 and 6, dispositions, processes and other acts made in accordance with the provisions of the old law or the ordinances issued thereunder shall be deemed as having been made in accordance with this Law in case any corresponding provision is found therein. In such case, the effective term of license of a radio station (excluding ship radiotelegraph stations on board ships mentioned in Article 4 of the Law for Safety of Vessels and fishing ships mentioned in Article 5 of the Cabinet Order relating to Limitation on Operating Area of Fishing Ship) shall, notwithstanding the provision of Article 13 paragraph 1, be between one to three years computed from the date of enforcement of this Law, which will be fixed by Radio Regulatory Commission Regulations according to the category of radio station.
(Application for License for Existing Equipment Utilizing High Frequency)
11. A person who is furnished with the equipment mentioned in Article 100 paragraph 1 item (2) at the time of enforcement of this Law shall obtain the license mentioned in the same paragraph of the same Article for such equipment within one year as from the date of enforcement of this Law.
12. During the period within one month from the date of enforcement of this Law, the Radio Regulatory Commission is, notwithstanding the provision of Article 83 paragraph 1 item (1), authorized to establish, without holding a hearing, Radio Regulatory Commission Regulations mentioned in the same item of the same paragraph of the same Article.
13. The Radio Regulatory Commission Regulations established in accordance with the provision of the preceding paragraph shall be invalid on the day when the period of six months will have elapsed from the date of enforcement of this Law.
(Amendment to Law for Safety of Vessels, etc.)
14. The Law for Safaty of Vessels shall be partially amended as follows:
In Article 4 paragraph 1, "the Wireless Telegraph Law" shall be amended as "the Radio Law."
15. The Copyright Law (Law No.39 of 1899) shall be partially amended as follows:
In Article 22-(5) paragraph 2, "the person who has established a wireless telephone for broadcasting licensed by the competent Minister in accordance with the Wireless Telegraph Law and the Ordinance issued thereunder" shall be amended as "the broadcast enterpriser."