Law for the Regulation of Operation of the Wire Broadcast Service
法令番号: 法律第135号
公布年月日: 昭和26年4月5日
法令の形式: 法律
I hereby promulgate the Law for the Regulation of Operation of the Wire Broadcast Service.
Signed:HIROHITO, Seal of the Emperor
This fifth day of the fourth month of the twenty-sixth year of Showa (April 5, 1951)
Prime Minister YOSHIDA Shigeru
Law No.135
Law for the Regulation of Operation of the Wire Broadcast Service
(Purpose)
Article 1. The purpose of this Law is to secure the public welfare by regulating the operation of the service of wire broadcasting.
(Definition)
Article 2. "Wire Broadcasting" as used in this Law shall mean those coming under any one of the following items:
(1) Reception of the broadcasting and retransmission thereof by wire telecommunication equipment, intended to be directly listened-in by the general public within one area;
(2) Transmission by wire telecommunication equipment of voices and other sounds, intended to be directly listened-in by the general public within one area;
(3) Transmission by wire telecommunication equipment of voices and other sounds, or reception of the broadcasting and retransmission thereof by wire telecommunication equipment, intended to be directly listened-in by the general public in such a place as a road, square, park, etc. where the public passes or gathers.
(Notification of Commencement of Service)
Article 3. A person who desires to conduct the service of wire broadcasting shall, in accordance with the provisions of Radio Regulatory Commission Regulations, present to the Radio Regulatory Commission a written notification to that effect. The same shall apply to the case where any alteration is made in the matters stated in the written notification.
(Compilation of Wire Broadcast Program, etc.)
Article 4. The provisions of Article 3 (Freedom of Broadcast Program Compiling) and Article 44 paragraph 3 (Compiling of Bradcast Program) of the Broadcast Law (Law No.132 of 1950) shall apply mutatis mutandis to the compilation of wire broadcast program.
2 The provisions of Articles 4 (Correction Broadcasting, etc.) and 52 (Candidate Broadcasting) of the Broadcast Law shall apply mutatis mutandis to the person who conducts the service of wire broadcasting mentioned in Article 2 item (2) or (3).
3 In the reception and re-transmission of the broadcasting, the determination of whether or not to receive a certain broadcasting shall be regarded as the compilation of wire broadcast program.
(Consent to Re-transmission)
Article 5. Any person who conducts the service of wire broadcasting shall not receive and retransmit the broadcasting provided by broadcast enterpriser without his consent.
(Report and Administrative Inspection)
Article 6. The Radio Regulatory Commission may, if it is specially necessary for the security of enforcement of this Law, require the person who conducts the service of wire broadcasting to make report concerning his service, or send its personnel to make administrative inspection of the service of wire broadcasting.
2 The personnel to make the administrative inspection in accordance with the provision of the preceding paragraph shall carry with him a certificate certifying his status and show it to the person concerned of the latter's request.
3 The administrative inspection to be made in accordance with the provisions of paragraph 1 shall not be construed as having been allowed for the search of crime.
(Notification of Abolition of Service)
Article 7. When the person who conducts the service of wire broadcasting has abolished his service, he shall, without delay, present a written notification to that effect to the Radio Regulatory Commission.
(Suspension of Service and Limitation on Operation)
Article 8. In case the person who conducts the service of wire broadcasting has violated this Law or the orders issued thereunder or acted in contravention of the dispositions based thereupon, the Radio Regulatory Commission may, fixing a period not exceeding three months, order the suspension of the service of wire broadcasting or set limitations on the operation of the service.
(Filing of Complaint)
Article 9. A person not dissatisfied with the dispositions of the Radio Regulatory Commission based upon the provisions of this Law or of the orders issued thereunder may file complaint with the Radio Regulatory Commission.
2 The provisions of Chapter VII (Hearing and Lawsuit) of the Radio Law (Law No.131 of 1950) shall apply mutatis mutandis to the filing of complaint mentioned in the preceding paragraph.
(Exception of Application)
Article 10. The provisions of this Law shall not apply to the wire broadcast service coming under any of the following items:
(1) Wire broadcast service conducted for provisional and temporary purpose;
(2) Wire broadcast service (excluding service falling under Article 2 item (3)) conducted in one compound (in the case of a compound occupied by two or more persons, the area occupied by one and the same person);
(3) Wire broadcast service conducted in a train, electric car, automobile, ship or aircraft;
(4) Wire broadcast service conducted for transmitting signals only;
(5) Other wire broadcast services corresponding to the service mentioned in any of the preceding items and which are to be prescribed by Radio Regulatory Commission Regulations.
(Matters Delegated to Regulations)
Article 11. In addition to those provided for by this Law, details of the matters necessary for enforcement of this Law shall be prescribed by Radio Regulatory Commission Regulations.
(Penal Provisions)
Article 12. A person who has violated the order of suspension of the service given in accordance with the provision of Article 8 shall be sentenced to a penal servitude for a period not exceeding six months or to a fine not exceeding fifty thousand yen.
Article 13. A person who has violated the provisions of Article 4 paragraph 1 of the Broadcast Law, which apply mutatis mutandis in Article 4 paragraph 2 shall be sentenced to a fine not exceeding fifty thousand yen.
2 The prosecution for the offence mentioned in the preceding paragraph shall only take place on complaint, in case it concerns personal affairs.
Article 14. A person who comes under one of the following items shall be sentenced to a fine not exceeding thirty thousand yen:
(1) Any person who has failed to present the written notification provided for in Article 3, or who has a written notification with false matters stated therein;
(2) Any person who has failed to make the report provided for in Article 6 paragraph 1, or who has make a false report;
(3) Any person who has intentionally refused, interfered with, or evaded the administrative inspection provided for in Article 6 paragraph 1;
(4) A person who has violated the limitation on operation of the service provided for in Article 8.
Article 15. Any person who has not presented the written notification provided for in Article 7, or who has presented a written notification with false matters stated therein shall be sentenced to a fine not exceeding ten thousand yen.
Article 16. In case the representative of a juridical person, or the proxy, employee of, or any other person engaged by, a juridical person or natural person has, in connection with the business of the juridical person or natural person, committed the violations mentioned in Article 12 to the preceding Article, inclusive, the juridical person or natural person shall, besides the offender, be punished with the fine mentioned in the respective Articles. However, this shall not apply to the juridical person or natural person, if it is certified that adequate caution and supervision were exercised concerning its service for preventing such violations by the proxy, employee of, or any other person engaged by, the juridical person or natural person.
2 In the case of the preceding paragraph, the prosecution mentioned in Article 13 paragraph 2 brought against the offender shall also be effective to the juridical person or natural person;the prosecution brought against the juridical person or natural person shall also be effective to the offender.
Supplementary Frovisions:
1 The date of enforcement of this Law shall be prescribed by Cabinet Order within a period not exceeding thirty days counted from the day of its promulgation.
2 Any person actually conducting the service of wire broadcasting (excluding a service provided for in any one item of Article 10) at the time of enforcement of this Law shall present to the Radio Regulatory Commission a written notification to that effect within ninety days from the day of enforcement of this Law.
3 The provisions of Article 3, Article 14 item (1) and Article 16 paragraph 1 shall apply mutatis mutandis concerning the written notification mentioned in the preceding paragraph.
4 The Radio Regulatory Commission Establishment Law (Law No.133 of 1950) shall be partially amended as follows:
In Article 3, the following one item shall be added:
(9) The regulation of operation of the service of wire broadcasting based upon the Law for the Regulation of Operation of the Wire Broadcast Service (Law No.135 of 1951).
Next to Article 23, the following one item shall be added:
(12) The regulation of operation of the service of wire broadcasting.
Prime Minister YOSHIDA Shigeru