Radio Regulatory Commission Establishment Law
法令番号: 法律第133号
公布年月日: 昭和25年5月2日
法令の形式: 法律
I hereby promulgate the Radio Regulatory Commission Establishment Law.
Signed:HIROHITO, Seal of the Emperor
This second day of the fifth month of the twenty-fifth year of Showa (May 2, 1950)
Prime Minister YOSHIDA Shigeru
Law No.133
Radio Regulatory Commission Establishment Law
(Purpose)
Article 1. The purpose of this Law is to define clearly the powers and the scope of responsibilities of the Radio Regulatory Commission as well as to establish an organization fit for the efficient performance of the administrative affairs in the charge of the Radio Regulatory Commission.
(Establishment)
Article 2. In accordance with the provision of Article 3 paragraph 2 of the National Government Organization Law (Law No.120 of 1948) there shall be established a Radio Regulatory, Commission as an external organ of the Prime Minister's Office.
(Responsibilities)
Article 3. The Radio Regulatory Commission shall have the following responsibilities:
(1) Decision of the basic policy for the establishment of radio stations;other matters related to the licensing of radio stations (including equipment utilizing high frequency;hereinafter the same), etc.;
(2) Establishment of technical standards for radio equipment (including equipment utilizing high frequency;hereinafter the same);
(3) The operation of radio stations;
(4) The State examination for radio operators;
(5) The Licensing of radio operators;
(6) The Broadcasting Corporation of Japan;
(7) The Hearing of the complaint lodged against the dispositions of the Radio Regulatory Commission;
(8) In addition to those mentioned above, matters related to the regulation of radio wave and broadcasting.
(Powers)
Article 4. The Radio Regulatory Commission shall, for the performance of its responsibilities provided for in this Law, have such powers as listed below. However, the exercise of such powers shall be in conformity with laws (including orders issued thereunder):
(1) To make, within the limits of budgetary appropriation, obligations necessary for the performance of its responsibilities;
(2) To collect revenues;to pay for disbursement necessary for the performance of its responsibilities;
(3) To establish and administer offices, service facilities, research facilities, etc. as found directly necessary for the performance of its responsibilities;
(4) To procure materials for use in the services and researches, stationaries, etc. as found directly necessary for the performance of its responsibilities;
(5) To dispose of unnecessary properties;
(6) To administer personnel affairs, including appointment, dismissal, reward and discipline;
(7) To establish and administer such facilities as found necessary for the welfare and health of its personnel;
(8) To establish and administer housing to be rented to its personnel;
(9) To prepare, publish and distribute statistics and date related to its responsibilities;
(10) To inspect the affairs under its charge and take necessary measures in accordance with the provisions of laws and orders;
(11) To disseminate information to the public concerning the responsibilities of the Radio Regulatory Commission;
(12) To adopt official seals of the Radio Rugulatory Commission;
(13) To give permission or approval to juridical person for public interest or other organization related to its responsibilities;
(14) To require reports concerning its responsibilities;
(15) To conduct itself such researches and investigations concerning services and technics related to the utilization of radio wave as found necessary for the performance of its responsibilities;or to entrust such researches and investigations to research organizations outside it, in case it is deemed unprofitable for it to conduct such researches and investigations;
(16) To acquire such patent rights, utility model rights, and application rights thereof as found necessary for the performance of its responsibilities;
(17) To negotiate and conclude, within the limits as provided for by treaties, international agreements relating to the radio wave regulation;to be in contact with the International Telecommunication Union and other various organs;
(18) To grant license for or approve the establishment of radio station;
(19) To inspect radio station cocerning radio equipment;the qualification and number of its operators, etc.;
(20) To monitor and regulate radio waves;
(21) To determine the standard frequency value, to emit the standard frequency wave and to inform standard time;
(22) To make forecast concerning the propagation of radio wave and to issue warning concerning derangement in radio wave propagation;
(23) To establish technical standards for radio equipment;
(24) To conduct, on request, the type testing of devices of radio equipment;
(25) To conduct the State examination for radio operators and to grant radio operator licenses;
(26) To conduct, on request, the performance test of radio equipment and calibration of devices used therein;
(27) To measure, on request, the frequency of radio station;
(28) To give approval to the alteration in the Articles of the Broadcasting Corporation of Japan;
(29) To order the Broadcasting Corporation of Japan to conduct the international broadcasting;
(30) To approve the terms of contract between the Broadcasting Corporation of Japan and a person to receive the broadcasting provided by the Corporation;
(31) To give approval to the Broadcasting Corporation of Japan concerning the transfer, lease, etc., of the broadcast equipment thereof;
(32) To designate the place where the Broadcasting Corporation of Japan is authorized to conduct the repairing service of broadcast radio receiver;
(33) In addition to those listed in the preceding items, such powers as are placed under the charge of the Radio Regulatory Commission by laws (including orders issued thereunder).
(Organization)
Article 5. The Radio Regulatory Commission shall consist of one Chairman and six Commissioners.
(Appointment of Chairman and Commissioner)
Article 6. The Chairman and Commissioners shall be appointed by the Prime Minister with the consent of both Houses of the Diet from among persons of wide experience and knowledge and who are capable of making fair judgement concerning the public welfare.
2 In case the consent of both Houses of the Diet can not be obtained, because the Diet is not in session or the House of Representatives is dissolved, for the appointment of the Chairman or Commissioner in the case where the term of office of the Chairman or Commissoner expired or where there occurred a vacancy, the Prime Minister may, notwithstanding the provision of the preceding paragraph, appoint the Chairman or Commissioners without the consent of both Houses of the Diet. In such a case, expost facto approval of the Diet shall be obtained at the first session convened after such appointment.
3 A person coming under any one of the following items shall not be appointed Chairman or Commissioner:
(1) A person who has been sentenced to imprisonment or graver penalty;
(2) A former national public service personnel who has been removed from his office by disciplinary dismissal and with whom two years have not elapsed from the date of the dismissal;
(3) Member of Diet;
(4) Staff member of political party (including one who has been as such within one year before the date of the appointment);
(5) Broadcast enterpriser;manufacturer of, or dealer in, devices of radio equipment;or in case such 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;the same in this Article), or a person possessing one tenth or more of the rights of voting of such juridical person (including one who has been as such within one year before the date of the appointment);
(6) Officer of a body composed of the enterprisers mentioned in the preceding item (including one who has been as such within one year before the date of the appointment).
4 The appointment of the Chairman and Commissioners shall not result in such a state that four or more persons belong to one and the same political party.
(Oath Taking and Performance of Duties)
Article 7. The Chairman and Commissioners shall not perform their official duties before they have taken oath for their duties in the presence of the Prime Minister after their appointment.
2 The provisions of Article 96, Articles 98 to 102 inclusive and Article 105 of the National Public Service Law (Law No.120 of 1947) shall apply mutatis mutandis to the Chairman and Commissioner.
(Prohibition of Concurrent Occupation)
Article 8. The Chairman or Commissioner shall not become an officer of an organization for profit making or engage himself in any profit making business or carry on business for pecuniary interest.
(Term of Office)
Article 9. The term of office of the Chairman and Commissioners shall be six years. However, the Chairman or Commissioner to fill a vacancy shall hold his office for the remainder of the term of office of the predecessor.
2 The Chairman and Commissioners may be reappointed.
(Retirement)
Article 10. The Chairman or Commissioners shall, ipso facto, lose his office in case where the consent of both Houses of the Diet under the provision of the second clause of Article 6 paragraph 2 is not obtained.
(Dismissal from Office)
Article 11. The Prime Minister must dismiss the Chairman or Commissioner when he has come to fall under any one of the items of Article 6 paragraph 3.
Article 12. The Prime Minister may, with the consent of both Houses of the Diet, dismiss the Chairman or Commissioner when the Chairman or Commissioner is deemed unable to perform his official duties owing to his mental or physical deficiencies or has acted contrary to his official obligations or is guilty of such malfeasance as to render himself unfit to be the Chairman or Commissioner.
2 In case four or more persons among the Commissioners including the Chairman have become to belong to one and the same political party, the Prime Minister shall, with the consent of both Houses of the Diet, dismiss such number of Commissioners so as to make the number of persons belonging to one and the same political party three.
(Chairman)
Article 13. The Chairman shall preside over the affairs of the Radio Regulatory Commission and represent the Radio Regulatory Commission.
2 One Vice-Chairman shall be appointed in order to let him perform the duties of the Chairman, in case the Chairman is prevented from performing his duties or the post of the Chairman becomes vacant.
3 The Commissioner elected from among the Commissioners by mutual vote shall be appointed Vice-Chairman by the Chairman.
(Compensation)
Article 14. The Chairman and Commissioner shall receive compensation at to be provided for by law separately.
(Restriction on Employment after Retirement)
Article 15. A person who was the Chairman or Commissioner shall not engage himself in any of the professions listed in Article 9 paragraph 3 items (5) and (6), within one year after his retirement.
(Meeting and Procedures thereof)
Article 16. The Padio Regulatory Commission shall not open its meeting or take decisions unless the Chairman and three or more Commissioners are present.
2 Issues of the meeting of the Radio Regulatory Commission shall be decided by the majority of votes of the persons present. In case of a tie, the decision shall be made by the Chairman.
3 All the proceedings of the meeting of the Radio Regulatory Commission shall be kept in record as the minutes. The minutes shall be made available to the public perusal in accordance with the procedures prescribed by the Radio Regulatory Commission Regulations.
4 Besides those provided for in the preceding three paragraphs, the procedures pertaining to the proceedings of the meeting of the Radio Regulatory Commission shall be prescribed by the Radio Regulatory Commission Regulations.
(Establishment of Radio Regulatory Commission Regulations)
Article 17. The Radio Regulatory Commission may, concerning its responsibilities, establish the Radio Regulatory Commission Regulations for enforcing laws and Cabinet Orders or based on the special mandate of laws and Cabinet Orders.
(Report)
Article 18. In case the Radio Regulatory Commission held the meeting and made decision in accordance with the provision of Article 16, it shall report the gist thereof to the Prime Minister. However, this shall not apply to matters deemed by the Prime Minister unnecessary to report.
2 The Radio Regulatory Commission shall make investigation concerning the following matters and report, through the Prime Minister, to the Diet once a year:
(1) Establishment of radio stations;
(2) Broadcast program;and measures for the improvement thereof;
(3) Business condition of the Broadcasting Corporation of Japan, and measures for the development of the broadcast enterprise;
(4) Measures for the improvement of radio equipment;
(5) Measures for the development of services and technics concerning the use of the radio wave;
(6) Conditions of matters in the charge of the Radio Regulatory Commission.
(Examiner)
Article 19. The Radio Regulatory Commission shall have not more than five examiners to hold the hearing provided for in Chapter VII of the Radio Law (Law No.131 of 1950).
2 Examiners shall be appointed by the Chairman with the consent of the Radio Regulatory Commission. The same shall apply to the dismissal of examiners.
(Executive Office)
Article 20. The Radio Regulatory Administrative Office shall be established as the executive office of the Radio Regulatory Commission.
2 The Radio Regulatory Administrative Office shall deal with the affairs of the Radio Regulatory Commission.
3 The head of the Radio Regulatory Administrative Office shall be called the Director of the Radio Regulatory Administrative Office.The Director shall, under the direction and supervision of the Radio Regulatory Commission, administer the affairs of the Radio Regulatory Administrative Office.
4 The Director shall be appointed by the Chairman with the consent of the Radio Regulatory Commission. The same shall apply to the dismissal of the Director.
5 The Radio Regulatory Commission may let the Radio Regulatory Administrative Office execute a part of its responsibilities within the limits deemed, not to cause any hindrance in the performance of them.
(Internal Organization)
Article 21. In the Radio Regulatory Administrative Office, there shall be established the Secretariat and the following three Divisions:
Legal and Economic Division
Operational Division
Engineering and Monitoring Division
(Functions of Secretariat)
Article 22. The Secretariat shall take charge of the following affairs out of those in the charge of the Radio Regulatory Administrative Office:
(1) Confidential matters;
(2) Adoption and custody of official seals;
(3) Receipt, despatch, filing and custody of official documents;
(4) Summarization of opinions related to the licensing of radio station;
(5) Establishment and abolition of sub-divisions;
(6) Affairs related to the hearing;
(7) Conduct of administrative inspection;
(8) Publicity and information;
(9) Investigations and statistics;
(10) The fixed number, classification, appointment and dismissal of personnel, their status, disciplinary punishment, performance of duty and other personnel affairs as well as the refinement and training of personnel;
(11) The welfare, health and housing of personnel;
(12) The budget of expenses and income;settlement of accounts;accounting;and audit;
(13) Custody of administrative properties and effects;
(14) Other matters concerning the functions not in the charge of any other divisions.
(Functions of Legal and Economic Division)
Article 23. The Legal and Economic Division shall take charge of the following affairs out of those in the charge of the Radio Regulatory Administrative Office:
(1) The international agreements, and laws and orders, related to the regulation of radio wave and broadcasting;
(2) The contact with the International Telecommunication Union and other organizations;
(3) The basic standard for the establishment of radio station;
(4) The licensing of radio station, provided that such matters shall be limited to the social and economic aspects thereof;
(5) The operation of radio station, provided that such matters shall be limited to the social and economic aspects thereof;
(6) The State examination for radio operator:
(7) The licensing of radio operator;
(8) The Broadcasting Corporation of Japan, public juridical person and other bodies related to the responsibilities of the Radio Regulatory Commission;
(9) Matters related to the designation of place where the Broadcasting Corporation of Japan may conduct the repairing services of broadcast radio receiver;
(10) Legal matters related to the responsibilities of the Radio Regulatory Commission;
(11) The regulation of radio wave and broadcasting from the social and economic standpoints.
(Functions of the Operational Division)
Article 24. The Operational Division shall take charge of the following affairs out of those in the charge of the Radio Regulatory Administrative Office:
(1) The technical standards of radio equipment. However, those in the charge of the Engineering and Monitoring Division shall be excluded;
(2) The licensing of radio station. However, those in the charge of the Legal and Economic Division shall be excluded;
(3) The operation of radio station. However, those in the charge of the Legal and Economic Division shall be excluded;
(4) The contact with the International Frequency Registration Board;
(5) The inspection of radio station;
(6) The regulation of radio wave and broadcasting from the technical standpoint. However, those in the charge of the Engineering and Monitoring Division shall be excluded.
(Functions of the Engineering and Monitoring Division)
Article 25. The Engineering and Monitoring Division shall take charge of the following affairs out of those in the charge of the Radio Regulatory Administrative Office:
(1) To conduct such researches and investigations related to the technics for utilizing radio wave;or to entrust such researches and investigations to research organizations outside it;
(2) To select frequencies to be assigned to radio stations;
(3) To determine the standard frequency value;to emit the standard frequency wave;and to inform standard time;
(4) To establish technical standards for devices used in radio equipment and to conduct the type testing of such devices;
(5) To make forecast concerning the propagation of radio wave and to issue warning concerning derangement in radio wave propagation;
(6) Matters related to the monitoring of radio wave;
(7) Matters related to the temporary suspension of emission from radio station;
(8) Matters related to the contact with the International Radio Consultative Committee and international radio wave monitoring, organizations;
(9) Matters related to the calibration of devices of radio equipment;
(10) Matters related to the establishment and administration of facilities related to radio equipment and necessary for the performance of the responsibilities of the Radio Regulatory Commission;
(11) Matters related to the Radio Technical Council;
(12) Matters related to the Radio Wave Observatory.
(Local Organs)
Article 26. The Radio Regulatory Administrative Office shall, as its local organs, have Radio Regulatory Offices.
2 Titles, locations and jurisdictions of the Radio Regulatory Offices shall be as follows:
Title
Location
Jurisdiction
Kanto Radio Regulatory Office
Tokyo-To
Tokyu-To, Kanagawa, Saitama, Gumma, Chiba, Ibaraki, Tochigi and Yamanashi Prefectures
Shin-etsu Radio Regulatory Office
Nagano-shi
Nagano and Niigata Prefectures
Tokai Radio Regulatory Office
Nagoya-shi
Aichi, Mie, Shizuoka and Gifu Prefectures
Hokuriku Radio Regulatory Office
Kanazawa-shi
Ishikawa, Fukui and Toyama Prefectures
Kinki Radio Regulatory Office
Osaka-shi
Osaka-Fu, Kyoto-Fu, Hyogo, Nara, Shiga and Wakayama Prefectures
Chugoku Radio Regulatory Office
Hiroshima-shi
Hiroshima, Tottori, Shimane, Okayama and Yamaguchi Prefectures
Shikoku Radio Regulatory Office
Matsuyama-shi
Ehime, Tokushima, Kagawa and Kochi Prefectures
Kyushu Radio Regulatory Office
Kumamoto-shi
Kumamoto, Nagasaki, Fukuoka, Oita, Saga, Miyazaki and Kagoshima Prefectures
Tohoku Radio Regulatory Office
Sendai-shi
Miyagi, Fukushima, Iwate, Aomori, Yamagata and Akita Prefectures
Hokkaido Radio Regulatory Office
Sapporo-shi
Hokkaido
3 The Radio Regulatory Office shall take charge of a part of the functions of the Radio Regulatory Administrative Office;the scope thereof shall be prescribed by Cabinet Order.
4 Concerning the functions listed in Article 25 items (6) and (7), the Radio Regulatory Commission may prescribe otherwise by its regulations regardless of the jurisdiction mentioned in paragraph 2.
5 Internal organization of the Radio Regulatory Office shall be provided for by the Radio Regulatory Commission Regulations.
6 The Radio Regulatory Commission may establish monitoring stations and branch offices to take charge of a part of the functions of the Radio Regulatory Office, if necessary.
7 Titles, locations, jurisdictions, scope of functions and internal organization of the monitoring stations and branch offices under the preceding paragraph shall be prescribed by the Radio Regulatory Commission Regulations.
(Auxiliary Organs)
Article 27. Organs listed in the left column of the following table shall be established as auxiliary organs of the Radio Regulatory Commission;the purpose of establishment of such organs shall be as stated in the right column:
Title
Purpose
Radio Technical Council
To investigate and deliberate on matters related to the radio technics, in response to the inquiry by the Radio Regulatory Commission
Radio Wave Observatory
To make such observations and researches in radio propagation as found necessary for the performance of the responsibilities of the Radio Regulatory Commission
Personnel Training School
To train the personnel of the Radio Regulatory Commission
2 The organization, function, member and other personnel of the Radio Technical Council shall be prescribed by Cabinet Order.
3 Titles, locations and internal organization of the Radio Wave Observatory and Personnel Training School shall be prescribed by the Radio Regulatory Commission Regulations.
(Personnel)
Article 28. Matters concerning the personnel affairs such as the appointment, dismissal, promotion and disciplinary punishment of the personnel of the Radio Regulatory Commission shall be in accordance with the provisions of the National Public Service Law.
(Fixed Number of Personnel)
Article 29. The fixed number of personnel to be placed in the Radio Regulatory Commission shall be prescribed by law separately.
(Penal Provision)
Article 30. A person who violates the provision of Article 8 or Article 15 shall be sentenced to a penal servitude for a period not exceeding one year or a fine not exceeding fifty thousand yen.
Supplementary Provisions:
1. This Law shall come into force as from the date of enforcement of the Radio Law.
2. Actions necessary for the appointment of the Chairman and Commissioners of the Radio Regulatory Commission pursuant to the provision of Article 6 paragraph 1 may, notwithstanding the provision of the preceding paragraph, be performed before the enforcement of this Law.
3 Notwithstanding the provision of Article 9 paragraph 1, the term of office of each Commissioner appointed immediately after the enforcement of this Law shall, in accordance with the decision of the Prime Minister, be one, two, three, four, five and six years, respectively.
4 The Prime Minister's Office Establishment Law (Law No.127 of 1949) shall be partially amended as follows:
In Article 17, "Foreign Exchange Control Commission" shall be amended as
"Foreign Exchange Control Commission
Radio Regulatory Commission
."
In Article 18,
Foreign Exchange Control Commission
Foreign Exchange Control Commission Establishment Law (Law No.229 of 1949)
shall be amended as
Foreign Exchange Control Commission
Foreign Exchange Control Commission Establishment Law (Law No.229 of 1949)
Radio Regulatory Commission
Radio Regulatory Commission Establishment Law (Law No.133 of 1950)
5 The National Government Organization Law shall be partially amended as follows:
In Annexed Table 1, under the heading of Prime Minister's Office, "Foreign Exchange Control Commission" shall be amended as
"Foreign Exchange Control Commission
Radio Regulatory Commission"
and under the heading of the Ministry of Telecommunications, "Radio Regulatory Agency," shall be deleted.
6 The Law concerning Compensation for National Public Service Personnel in the grant of Special Service (Law No.252 of 1949) shall be partially amended as follows:
Next to item (13) of Article 1 shall be added the following one item;
13-2. Chairman and Commissioners of Radio Regulatory Commission
In Annexed Table, "Chairman of Statistics Commission" shall be amended as
"Chairman of Statistics Commission
Chairman of Radio Regulatory Commission";
"Commissioners of Fair Trade Commission" shall be amended as
"Commissioners of Fair Trade Commission
Commissioners of Radio Regulatory Commission
."
7. A person who is the personnel of the Radio Regulatory Agency at the time of enforcement of this Law shall be deemed to have been appointed the personnel of the Radio Regulatory Commission on the same service condition. However, this shall not apply to a person to whom has been issued a warrant of appointment separately.
8. The Local Autonomy Law (Law No.67 of 1947) shall be partially amended as follows:
In Article 156 paragraph 5, "Branch Offices of Radio Regulatory Offices" shall be amended as "Monitoring Stations, Branch Offices of Radio Regulatory Offices, Radio Wave Observatories."
9. Concerning the application of the provisions of the National Public Service Mutual Aid Association Law (Law No.69 of 1948), the personnel of the Radio Regulatory Commission shall be deemed to be the personnel of the Ministry of Telecommunications.
10. Concerning the application of the provision of Article 47 of the Ministry of Telecommunications Establishment Law, the personnel of the Radio Regulatory Commission and their dependents shall be deemed to be the personnel of the Ministry of Telecommunications and their dependents.
Prime Minister YOSHIDA Shigeru
Minister of Finance, pro tempore Minister of State UEDA Shunkichi
Minister of Telecommunications OZAWA Saeki