CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to regulate broadcasting so as to meet the public welfare, and to strive for the sound development thereof, in accordance with the principles stated below:
1. To secure the maximum availability and benefits of broadcasting to the people;
2. To assure the freedom of expression through broadcasting by guaranteeing the impartiality, integrity and autonomy of broadcasting;
3. To make the broadcasting contribute to the development of healthy democracy by clarifying responsibility of those persons engaged in broadcasting.
(Definitions)
Article 2. The interpretation of this Law and the orders issued thereunder shall be in accordance with the following definitions:
1. "Broadcasting" means the transmission of radiocommunication intended to be directly received by the general public;
2. "International Broadcasting" means the broadcasting intended to be received in foreign countries;
3. "Broadcast Station" means a radio station established for the purpose of broadcasting;
4. "Broadcast Program" means the kind, contents, volume and arrangement of matters to be broadcast.
(Freedom of Broadcast Program Compiling)
Article 3. Broadcast programs shall never be interfered with or regulated by any person, excepting the case where he does so upon the powers provided for by law.
(Correction Broadcasting, etc.)
Article 4. In case a broadcast enterpriser (meaning a person who has been granted a license for his broadcast station in accordance with the provisions of the Radio Law (Law No.131 of 1950);hereinafter the same) has broadcast any false matter, he must, when there is a demand, within two weeks of the day on which it was broadcast, from the person whose rights have been infringed or any person directly concerned, inquire into the matter at once and in case it was cleared up that what was broadcast was not true, broadcast the correction or cancellation within two days on which the matter is cleared in an appropriate manner by the enterpriser through the same equipment tantamount to the equipment which the broadcasting was made.
2 The same shall apply when the broadcast enterpriser has found any untrue matter in his broadcasting.
3 The provisions of the preceding two paragraphs shall not preclude the claim for damages in accordance with the provisions of the Civil Code (Law No.89 of 1896).
(International Broadcasting)
Article 5. International broadcasting must not be such as to hurt the international rapprochement. The same shall apply to the case of transmission to foreign countries of broadcast programs compiled for the purpose of broadcasting in foreign countries.
(Re-broadcasting)
Article 6. Broadcast enterprisers must not receive and rebroadcast the broadcastings of any other broadcast enterprisers, unless their consent is obtained.
CHAPTER II The Broadcasting Corporation of Japan
(Purpose)
Article 7. The purpose of the Broadcasting Corporation of Japan (hereinafter to be simply referred to as "The Corporation" ) is to conduct its broadcasting for the public welfare in such a manner that its broadcasting may be received all over Japan.
(Legal Personality)
Article 8. The Corporation shall be a juridical person established under the provisions of this Law for the accomplishment of the purpose mentioned in the preceding Article.
(Business)
Article 9. For the accomplishment of the purpose mentioned in Article 7, the Corporation shall conduct the following businesses:
(1) To establish, maintain and operate broadcast stations for conducting the national and local broadcastings;
(2) To establish, maintain and operate its own broadcast stations or use the governmental facilities for conducting the international broadcasting;
(3) To compile broadcast programs;
(4) To establish research facilities necessary for the improvement of broadcasting, provided that the research activities of the Corporation shall be limited to those which are closely connected with the broadcast program or broad cast technics.
2 The Corporation may, in addition to those businesses mentioned in the preceding paragraph, conduct the following businesses for the accomplishment of the purpose mentioned in Article 7:
(1) To maintain, train, or subsidize theatrical, musical and other bodies necessary for programming;
(2) To provide or support public concerts or other public entertainments primarily intended to be broadcast by the Corporation;
(3) To conduct publicity and publication necessary for the popularization and development of broadcasting, and, on request, to give advice to the public relating to the reception of broadcasting;
(4) To acquire any literary, musical, artistic and scientific copyrights, necessary for compiling broadcast programs and to use, or to permit the use, thereof;
(5) To acquire patent rights, and utility model right necessary for the broadcasting and application rights thereof;
(6) To collect, and exchange with others, news and information for compiling broadcast programs;
(7) To repair broadcast radio receivers, on request.
3 In conducting the businesses mentioned in the preceding two paragraphs, the Corporation shall not aim at profits.
4 The Corporation shall not take actions, whatever the pretext may be, to regulate or interfere with the business of the manufacturers of, dealers in, or repairers of, radio divices, such as to certify broadcast radio receiving devices or vacuum tubes or component parts thereof, or to designate authorized repairers of broadcast radio receivers.
5 Repairing service of broadcast radio receiving devices mentioned in paragraph 2 item (7) may be conducted only at such designated places extremely inconvenient to person who receive radio broadcast in utilizing the repairer of broadcast radio receivers or where it is desirable for the promotion of the interest of those who receive radio broadcast, as deemed necessary for the benefit of those receiving by the Radio Regulatory Commission according to its investigation conducted at regular intervals.
(Offices)
Article 10. The head office of the Corporation shall be located in Tokyo-To.
2 The Corporation may have its branch offices at necessary places.
(Articles of Corporation)
Article 11. The Corporation shall prescribe the following matters under the Articles of Corporation:
(3) Locations of offices;
(4) Matters pertaining to the assets and accounting;
(5) Matters pertaining to the Board of Governors, Board of Directors and officers of the Corporation;
(6) Matters pertaining to the business and the execution thereof;
(7) Matters pertaining to the issue of the broadcast bond;
(8) Method of public notification.
2 The Articles of Corporation may be amended with the prior approval of the Radio Regulatory Commission.
(Registration)
Article 12. The Corporation shall in accordance with the procedures as to be provided for by Cabinet Order, register such matters as the change of location of head office, establishment of branch offices, and other matters prescribed by Cabinet Order.
2 Matters requiring registration in accordance with the provision of the preceding paragraph cannot stand against a third party until they are registered.
(Establishment of Board of Governors and its Powers)
Article 13. The Board of Governors shall be established in the Corporation.
2 The Board of Governors shall have powers and responsibilities to decide the management policy of the Corporation and to direct and control the operation thereof.
Article 14. The following matters shall require the decision of Board of Governors;provided that this shall not necessarily apply to such matters as deemed minor by it:
(1) Budget of revenues and expenditures, business project and financial program;
(2) Settlement of accounts;
(3) Establishment plan of broadcast stations and the establishment, suspension and abolition of broadcast stations;
(4) Basic plan for compiling broadcast programs;
(5) Alteration of the Articles;
(6) Terms of the receiver's contract mentioned in Article 32, and standards for the exemption from the receiver's fee;
(7) Issuance of broadcast bond and borrowing of loan;
(8) Rules relating to the administration of the enterprise and the performance of the service;
(9) Remuneration, separation allowance and social expenses of officers (including all other similar items regardless of their names);
(10) Such other matters deemed necessary specially by the Board of Governors.
(Organization of Board of Governors)
Article 15. The Board of Governors shall be composed of eight governors and the president.
2 The Board of Governors shall have one chairman who shall be elected by the governors and the president from among the governors.
3 The chairman shall preside over the business of the Board of Governors.
4 The Board of Governors shall appoint in advance a person from among the governors to act for the chairman in the case where he is prevented from discharging his duties.
(Appointment of Governors)
Article 16. The governors shall be appointed by the Prime Minister with the consent of both Houses of the Diet from among persons capable of making fair judgement concerning the public welfare and having wide experience and knowledge. In this case, consideration shall be given to their appointment so as to get fair representation in the fields of education culture, science, industry and others.
2 In the appointment mentioned in the preceding paragraph, one person shall be appointed from among the persons respectively having the dwelling place in the districts prescribed in the Annexed Table.
3 In case the consent of both Houses of the Diet can not be be obtained for the appointment of the governor, in the case where the term of office of a governor expired or where there occurred a vacancy, because the Diet is not in session or the House of Representatives is dissolved, the Prime Minister may, notwithstanding the provision of paragraph 1, appoint the governor without the consent of both Houses. In such a case ex post facto approval of both Houses shall be obtained at the first session convened after such appointment.
4 A person coming under any one of the following items shall not be appointed as governor:
(1) A person who has been sentenced to imprisonment or heavier penalty;
(2) A person who has been subjected to the disciplinary dismissal as a national public service personnel member and with respect to whom two years have not elapsed from the date of his dismissal;
(3) National public service personnel (excluding member of committees, councils, etc. or a person in a position corresponding thereto and who is of part time service);
(4) Staff member of political party (including one who was as such within one year before the date of appointment);
(5) Manufacturer of, or dealer in, broadcast transmitter or broadcast radio receiver or, in case such a person is a juridical person, officer thereof (including any person, whatever his title may be, having official or governing power equivalent to or more than that of officer;hereinafter the same in this Article) or a person possessing not less than one tenth of the rights of voting of such juridical person (including any person who was as such within one year before the date of appointment);
(6) Broadcast enterpriser, newspaper agency, news agency or commercial distributor of news or information, or in case such an enterpriser is a juridical person, officer or employee thereof, or a person possessing not less than one tenth of the rights of voting of such juridical person (including any person who was as such within one year before the date of appointment);
(7) Officer of an organization of the enterprisers mentioned in the preceding two items (including one who was as such within one year before the date of appointment).
5 In appointing governors, it shall be avoided that five or more governors, including the president, become to belong to one and the same political party.
(Term of Office)
Article 17. The term of office of a governor shall be three years. However, the governor to fill a vacancy shall hold his office for the remainder of the term of office of his predecessor.
2 The governors may be re-appointed.
3 Notwithstanding the provision of paragraph 1, the governors shall, even after their term of office expired, remain in office until new governors are appointed.
(Retirement)
Article 18. A governor shall, ipso facto, lose his office in case the consent of both Houses of the Diet under the second clause of Article 16 paragraph 3 is not obtained.
(Dismissal)
Article 19. The Prime Minister shall dismiss a governor when he comes to fall under one of the items of Article 16 paragraph 4.
Article 20. The Prime Minister may, with the consent of both Houses of the Diet, dismiss the governor in case such governor is deemed incompetent to perform his duties owing to his mental or physical deficiencies or to have committed acts in contravention of his official duties or such malfeasances as to render himself unfit to be a governor. In this case, the governor to be dismissed shall be given by each House of the Diet a chance for vindication of his case in accordance with the provisions prescribed by the respective Houses.
2 In case five or more of the governors including the president have come to belong to one and the same political party, the Prime Minister shall, with the consent of both Houses of the Diet, dismiss a governor or governors so as to make the number of persons beloning to one and the same political party four.
Article 21. Excepting the cases mentioned in the preceding two Articles, governors shall not be dismissed against their will.
(Compensation of Governor)
Article 22. Governors shall receive no compensation. However, they shall receive travelling expenses and other actual expenses incurred by them for the execution of their duties.
(Procedures for Decision)
Article 23. The Board of Governors shall not open its meeting nor take decision unless the chairman and four or more persons from among the president and governors other than the chairman are present.
2 Except those prescribed otherwise elsewhere, the issues of the Board of Governors meeting shall be decided by the majority of votes of those present;in case of a tie, the chairman shall decide.
(Officers)
Article 24. The Corporation shall have as officers one president, one vice-president, three directors and two auditors, in addition to the governors of the Board of Governors.
(Board of Directors)
Article 25. The Board of Directors shall be composed of the president, vice-president and directors.
2 The Board of Directors shall, in accordance with the provisions of the Articles of Corporation, deliberate on matters related to the execution of important business of the Corporation.
(President, etc.)
Article 26. The president shall represent the the Corporation and preside over the business thereof as to be determined by the Board of Governors.
2 The vice-president shall, as to be determined by the president, represent the Corporation and assists the president in administering the business of the Corporation, act for the president when he is prevented from discharging his duties, and discharge the duties of the president when the post of the president is vacant.
3 Directors shall, as to be determined by the president, represent the Corporation and assist the president and vice-president in administering the business of the Corporation, act for the president and vice-president when both of them are prevented from discharging their duties, and discharge their duties when the posts of both the president and vice-president are vacant.
4 Auditors shall audit the business conducted by the president, vice-president and directors and report the result of the audit to the Board of Governors.
Article 27. The president shall be appointed by the Board of Governors.
2 The appointment under the preceding paragraph shall require the decision of the Board of Governors by the majority votes of not less than six governors.
3 The vice-president and directors shall be appointed by the president with the consent of the Board of Governors.
4 Auditors shall be appointed by the Board of Governors.
5 The provisions of Article 16 paragraph 4 shall apply mutatis mutandis to the appointment of the president, vice-president, directors and auditors. In this case, "broadcast enterpriser;newspaper agency" in item (6) of the same paragraph shall read "newspaper agency."
Article 28. The term of office of the president, vice-president, directors and auditors shall be three years. However, the president to fill a vacancy shall hold his office for the remainder of the term of office of his predecessor.
2 The president, vice-president, directors and auditors may be re-appointed.
Article 29. The Board of Governors may dismiss the president or auditor, in case it deems that he has become incompetent to perform his duties or has committed acts in contravention of his duties or such malfeasances as to render himself unfit to be the president or auditor.
2 The president may, with the consent of the Board of Governors, dismiss the vice-president or director, in case he is deemed to have become incompetent to perform his duties or have committed acts in contravention of his duties or such malfeasances as to render himself unfit to be the vice-president or director.
(Prohibition of Concurrent Occupation of President, etc.)
Article 30. The president, vice-president and directors shall not become an officer of any body aimed at pecuniary interests nor engage in any profit making enterprise.
2 The president, vice-president and directors shall not make any investment in any broadcast enterprise.
(Mutatis Mutandis Application of Civil Code)
Article 31. The provisions of Articles 44 (Faculty of Juridical Person of Illegal Acts), 50 (Address of Juridical Person), 54 (Limitation of Representing Right), 56 (Temporary Director) and 57 (Special Proxy) of the Civil Code and Article 35 paragraph 1 (Jurisdiction of Appointment of Temporary Director, etc.) of the Law of Procedures in Non-Contentious Matters (Law No.14 of 1898) shall apply mutatis mutandis to the Corporation.
(Receiver's Contract and Receiver's Fee)
Article 32. Any person who is equipped with a receiving equipment capable of receiving the standard broadcasting (broadcasting operated on frequencies in the band from 535 to 1605 kc/s, inclusive) provided by the Corporation shall conclude the receiver's contract with the Corporation with regard to the reception of its broadcasting. However, this shall not necessarily apply to those equipped with receiving equipment not intended for the reception of broadcasting.
2 The Corporation shall, unless in accordance with the standard approved by the Radio Regulatory Commission in advance, not exempt the collection of receiver's fee from a person of the main clause of the preceding paragraph.
3 The Corporation shall obtain the prior approval of the Radio Regulatory Commission for the terms of the contract mentioned in paragraph 1. The same shall apply to the intended change thereof.
(Order for Conduct of International Broadcasting)
Article 33. The Radio Regulatory Commission may order the Corporation to conduct international broadcastings, designating such necessary matters as the service areas and matters to be broadcast.
(Research Activities)
Article 34. The Radio Regulatory Commission may, when it is deemed necessary for the improvement or development of broadcasting, order the Corporation to make research in matters designated within the limits mentioned in Article 9 paragraph 1 item (4).
2 The result of any research performed according to the provision of the preceding paragraph shall be utilized so as to contribute to the interests of the public such as the development of broadcasting enterprise.
(Expenses for International Broadcasting, etc.)
Article 35. Expenses required for the services performed by the Corporation in accordance with the provisions of the preceding two Articles shall be borne by the State,
2 The orders mentioned in the preceding two Articles shall be given within the limits that the amount borne by the State in accordance with the provision of the preceding paragraph shall not exceed the budgetary appropriations approved by the Diet.
(Business Year)
Article 36. The business year of the Corporation shall begin in April every year and end in March of the following year.
(Budget of Revenues and Expenditures, Business Project and Financial Program)
Article 37. The Corporation shall prepare the budget of revenues and expenditurers, business project and financial program for every business year and present them to the Radio Regulatory Commission. The same procedures shall be followed for the alteration thereof.
2 Upon receipt of the budget of revenues and expenditures, business project and financial program mentioned in the preceding paragraph, the Radio Regulatory Commission shall review them and transmit them with its comments through the Cabinet to the Diet for approval.
3 In case any recommendation to make any change in the items of the budget of revenues and expenditures, business project and financial program mentioned in the preceding paragraph is made in accordance with the provision of the same paragraph, the appropriate committee of the Diet will obtain the view of the Corporation.
4 The monthly amount of receiver's fee to be collected from a person who concluded the receiver's contract in accordance with the main clause of Article 32 paragraph 1 shall be determined by the Diet by approving the budget of revenues and expenditures mentioned in paragraph 1.
(Presentation of Business Report)
Article 38. The Corporation shall prepare its business report for every business year and present it to the Radio Regulatory Commission within two months from the end of every business year.
2 On receipt of the business report mentioned in the preceding paragraph, the Radio Regulatory Commission shall present it to the Diet through the Cabinet with the views of the Commission attached thereto.
(Limitation on Expenses)
Article 39. The income of the Corporation shall not be expended for other purposes than the performance of businesses listed in Article 9 paragraphs 1 and 2.
(Presentation of Balance Sheet, etc.)
Article 40. The Corporation shall prepare the inventory, balance sheet and profit and loss statement of every business year together with the written explanation thereof and present them to the Radio Regulatory Commission within two months from the end of the business year.
2 The Radio Regulatory Commission shall, upon receipt of the documents mentioned in the preceding paragraph, present them to the Cabinet through the Prime Minister.
3 The Cabinet shall submit the documents mentioned in the preceding paragraph to the Dietafter the audit of the Board of Audit.
(Audit of the Board of Audit)
Article 41. The Board of Audit shall audit the Corporation.
(Broadcast Bond)
Article 42. The Corporation may, with the prior approval of the Minister of Finance, issue the broadcast bond to raise the fund for the construction or improvement of broadcast equipment.
2 The total amount of issuance of the broadcast bond mentioned in the preceding paragraph shall not exceed three billion yen.
3 In case the Corporation has issued the broadcast bond in accordance with the provision of paragraph 1, it shall, as the reserve fund for redemption, lay aside the sum equivalent to one-tenth of unredeemed amount of the bond issued as of the end of every business year.
4 The Corporation may appropriate the fund prescribed in the preceding paragraph only for the redemption of the broadcast bond.
5 Creditors of the broadcast bond of the Corporation shall be entitled to be paid for their credits prior to any other creditors on the properties of the Corporation.
6 The order of priority mentioned in the preceding paragraph shall be next to the ordinary preferential right mentioned in the Civil Code.
7 As regards necessary matters relating to the broadcast bond, in addition to those prescribed in the preceding six paragraphs, provisions relating to the debenture in the Commercial Code (Law No.48 of 1899) and the Law of Procedures in Non-Contentious Matters shall apply mutatis mutandis in accordance with the provisions of Cabinet Order.
(Suspension and Abolition of Broadcast Station)
Article 43. The Corporation shall not abolish any of its broadcast stations or suspend the broadcasting thereof for more than twelve hours without the prior approval of the Radio Regulatory Commission. However, this shall not apply to the cases caused by force majeure.
2 In case the Corporation has suspended its broadcasting, it shall, excepting the case where the prior approval mentioned in the preceding paragraph is given, report to that effect to the Radio Regulatory Commission without delay.
(Compiling of Broadcast Program)
Article 44. The Corporation shall do its best in programming to satisfy the wishes of the people as well as to contribute to elevating the level of civilization.
2 The Corporation shall, in order to know the wishes of the people, conduct scientific listening polls at regular intervals and make the result thereof public.
3 In the compiling of broadcast programs the Corporation shall follow the principles laid down in the following respective items:
(1) Shall not disturb the public security;
(2) Shall be politically impartial;
(3) Shall broadcast news without distorting the facts;
(4) As regards the controversial issues, shall clarify the point of issue from all the angles possible.
(Candidates Broadcasting)
Article 45. In case the Corporation allowed any candidate for an elective office to broadcast his political views or make a campaign speech, it must, on application, let other candidates for the same office in the same election broadcast under the same conditions.
(Prohibition of Commercial Advertising Broadcasting)
Article 46. The Corporation shall not broadcast any advertisement related to any other person's commercial business.
2 The provision of the preceding paragraph shall not, in case where necessary in the compiling of broadcast programs and regarded as not for advertisement related to any other person's commercial business, preclude the broadcasting of the name or title of the author or operator of the materials of broadcast program.
(Limitation on Transfer of Broadcast Equipment, etc.)
Article 47. The Corporation shall not, without the prior approval of the Radio Regulatory Commission, transfer, lease, offer as a security, nor entrust the operation thereof, nor, whatever the method may be, subject to the control of any other person, the whole or part of its broadcast equipment.
2 In case the Radio Regulatory Commission intends to give the approval in accordance with the provision of the preceding paragraph, the consent of both Houses of the Diet shall be obtained.
(Exemption from Tax)
Article 48. Income tax and juridical person tax shall not be imposed upon the Corporation.
(Eminent Domain Right)
Article 49. The broadcasting business of the Corporation shall be treated as the business authorized to use the eminent domain right for the acquisition and use of land prescribed in Article 2 of the Eminent Domain Law (Law No.29 of 1900), and the same law shall apply.
(Dissolution)
Article 50. Matters related to the dissolution of the Corporation shall be prescribed by law separately.
2 When the Corporation is dissolved, the remaining properties of the Corporation shall be reverted to the State.
CHAPTER III Private Broadcast Enterpriser
(Announcement concerning Advertising Broadcasting)
Article 51. In case a private broadcast enterpriser (broadcast enterpriser other than the Corporation;hereinafter the same) broadcasts an advertising broadcasting with charge, it shall announce that the broadcasting thereof is an advertising broadcasting.
(Candidate Broadcasting)
Article 52. In case a private broadcast enterpriser has allowed any candidate for an elective office to broadcast his political views or make a campaign speech over the former's broadcast equipment or through other broadcast enterpriser's, it shall, on application, let other candidates for the same office in the same election broadcast, under the same conditions whether with or without charge.
(Compiling of Broadcast Program)
Article 53. The provision of Article 44 paragraph 3 shall apply mutatis mutandis to the private broadcast enterprises.
CHAPTER IV Penal Provisions
Article 54. In case an officer or personnel of the Corporation has, in connection with his duties, received, demanded, or obtained promise for, any bribe, he shall be sentenced to a penal servitude for a period not exceeding three years.
2 In case a person who is going to be the officer or the personnel of the Corporation has received, demanded, or obtained promise for, any bribe upon solicitation concerning the official business which he is going to take charge of, the person shall be punished with the same penalty as mentioned in the preceding paragraph when he becomes the officer or the personnel of the Corporation.
3 In case a person who was the officer or the personnel of the Corporation has received, demanded, or obtained promise for, any bribe for conducting unjust actions or for not conducting just actions, in the performance of his official duties upon solicitation during his term of office, he shall be punished with the same penalty as mentioned in paragraph 1.
4 A person who has given, offered or promised any bribe provided for in the preceding three paragraphs shall be sentenced to a penal servitude for a period not exceeding three years or to a fine not exceeding two hundred fifty thousand yen.
5 In the case of paragraphs 1 to 3 inclusive, the bribe received by the officer or the personnel of the Corporation shall be confiscated. In case the whole or part of the bribe cannot be confiscated, the amount worth the same shall be collected.
Article 55. In any one of the following cases, the officer of the Corporation who has committed the violation shall be sentenced to a fine not exceeding one hundred thousand yen:
(1) Where the Corporation has conducted the businesses other than those prescribed in Article 9;
(2) Where he has not obtained the approval which he should have obtained in accordance with the provisions of Article 11 paragraph 2, Article 32 paragraph 2 or 3, Article 42 paragraph 1, main clause of Article 43 paragraph 1 or Article 47 paragraph 1;
(3) Where he has violated the provisions of Article 30 paragraph 1, Article 37 paragraph 1, Article 38 paragraph 1 or Article 40 paragraph 1.
Article 56. A person who has violated the provision of Article 4 paragraph 1 shall be sentenced to a fine not exceeding fifty thousand yen.
2 The prosecution of the offense mentioned in the preceding paragraph, if it concerns private affairs, shall only take place upon complaint.
Article 57. In case the representative of a juridical person, or the proxy, employee or other worker of a juridical person or natural person has, in connection with the business of the juridical person or natural person, committed the offenses mentioned in the preceding Article, besides the offender, the juridical person or natural person shall also be punished with the fine mentioned in the same Article.
2 In the case of the preceding paragraph, the prosecution mentioned in paragraph 2 of the preceding Article brought against the offender shall be effective to the juridical person or natural person;the prosecution brought against the juridical person or natural person shall be effective to the offender.
Article 58. In case the officers of the Corporation have, ia contravention of this Law or the orders issued thereunder, neglected to register, or registered untrue matters, they shall be subjected to an administrative fine not exceeding ten thousand yen.
Article 59. In case the officers of the Corporation do not, in contravention of the provision of Article 43 paragraph 2, make the notification, they shall be subjected to an administrative fine not exceeding three thousand yen.
Supplementary Provisions:
(Date of Enforcement)
1. This Law shall come into force as from the date of enforcement of the Radio Law;provided, however, that the provisions of paragraphs 2 to 10 inclusive of the Supplementary Provisions shall come into force as from the day of its promulgation.
(Establishment of the Corporation)
2. The Prime Minister shall, before the establishment of the Corporation, nominate persons to become the governors of the Board of Governors of the Corporation in accordance with the same procedures as prescribed in Article 16.
3. Persons nominated to become the governors in accordance with the provision of the preceding paragraph shall, before the establishment of the Corporation, nominate a person to become the president of the Corporation, in accordance with the same procedures as prescribed in Article 27 paragraphs 1 and 2, from among the officers or personnel of Corporate Juridical Person, the Broadcasting Corporation of Japan.
4. In case of nomination in accordance with the same procedures as prescribed in Article 16 under the provision of paragraph 2, "broadcast enterpriser" in paragraph 4 item (6) of the same Article shall read "Corporate Juridical Person, the Broadcasting Corporation of Japan."
5. Persons nominated to become the governors in accordance with the provision of paragraph 2 and the person nominated to become the president in accordance with the provision of paragraph 3 shall, respectively, be deemed as having been, in accordance with the provisions of this Law, appointed the initial governors of the Board of Governors and the initial president of the Corporation at the time of establishment of the Corporation. However, the term of office of such governors shall, notwithstanding the provision of Article 17 paragraph 1, be one year for three of them, two years for three, and three years for two according to the designation of the Prime Minister.
6. The Minister of Telecommunications shall set up a Formation Committee to take charge of the business related to the establishment of the Corporation.
7. When the Minister of Telecommunications has appointed the members of the Formation Committee in accordance with the provision of the preceding paragraph, he shall order Corporate Juridical Person, the Broadcasting Corporation of Japan to refund the amount of subscriptions made by its members to such members.
8. Corporate Juridical Person, the Broadcasting Corporation of Japan shall, on receipt of the order mentioned in the preceding paragraph, refund the subscriptions of its members to such members by the date of establishment of the Corporation.
9. The Formation Committee shall prepare the Articles of Corporation for the Corporation and the initial budget of revenues and expenditures, initial business project and initial financial program of the Corporation and obtain the approval of the Minister of Telecommunications.
10. The Formation Committee shall, without delay, hand over its business to the person nominated, in accordance with the provision of paragraph 3, to become the president of the Corporation, when the approval mentioned in the preceding paragraph is obtained.
11. When the person to be nominated to become the president of the Corporation in accordance with the provision of paragraph 3 has taken over the business mentioned in the preceding paragraph, he shall register the establishment of the Corporation in accordance with the procedures to be determined by Cabinet Order.
12. The Corporation shall come into existence by the registration of its establishment.
13. At the moment when the Corporation is established, Corporate Juridical Person, the Broadcasting Corporation of Japan is dissolved and all the rights and duties thereof shall be transferred to the Corporation. In this case, the provisions in other laws and orders related to the dissolution and liquidation of juridical person shall not apply.
14. Necessary matters concerning the registration of the dissolution of Corporate Juridical Person, the Broadcasting Corporation of Japan shall be provided for by Cabinet Order.
15. Persons in the employment of Corporate Juridical Person, the Broadcasting Corporation of Japan at the time of establishment of the Corporation shall become employees of the Corporation at that time.
16. The provisions of Articles 14 and 37 shall not apply to the initial budget of revenues and expenditures, initial business project and initial financial program.
17. The receiver's fee to be collected by the Corporation shall be thirty five yes per month until determined by the Diet in accordance with the provision of Article 37 paragraph 4.
(Amendment to Registration Tax Law)
18. The Registration Tax Law (Law No.27 of 1896) shall be partially amended as follows:
Next to Article 6-(3) shall be added the following one Article:
Article 6-(3-2). The Broadcasting Corporation of Japan shall, when it registers broadcast bond, pay the registration tax as classified below:
(1) Payment for broadcast bonds or their second and following payments...... three thousandths (3/1000) of the amount of each payment;
(2) Alteration, lapse or abolition of registered matter...... 1,200 yen per case.
In case matters of each item mentioned in the preceding paragraph are registered at the seats of branch offices, the registration tax of 300 yen per case shall be paid.
In Article 19 item 7, next to "the Public Corporation established by virtue of laws," shall be added "the Broadcasting Corporation of Japan," and next to "Laws and regulations related to the Public Corporation," shall be added "Broadcast Law," .
(Amendment to Local Tax Law)
19. The Local Tax Law (Law No.110 of 1948) shall be partially amended as follows:
To Article 13 item 11 shall be added the following one item:
"11-(2) Receiving equipment for use in receiving broadcasting;"
And in item 13 of the same Article, next to "Dai Nihon Ikueikai (Education Aid Association of Japan)" shall be added "and the Broadcasting Corporation of Japan." In Article 113, next to "books" shall be added "and broadcasting."
(Amendment to Ministry of Postal Services Establishment Law)
20. The Ministry of Postal Services Establishment Law (Law No.244 of 1948) shall be partially amended as follows:
In Article 3 paragraph 2, next to "services entrusted by the Ministry of Telecommunications," shall be added "businesses entrusted by the Broadcasting Corporation of Japan," .
To Article 8 item 13 shall be added the following one item:
"13-(2) To dispose of businesses entrusted by the Broadcasting Corporation of Japan."
(Amendment to Postal Services Special Account Law)
21. The Postal Services Special Account Law (Law No.109 of 1949) shall be partially amended as follows:
In Article 2, next to "services entrusted by the Ministry of Telecommunications to Ministry of Postal Services;" shall be added "businesses entrusted by the Broadcasting Corporation of Japan to Ministry of Postal Services;" .