66. Telecommunications Business Law


(1) PURPOSE OF THE LAW AND SYSTEM
The purpose of this law is, considering the public nature of telecommunications business, to secure the consistent provision of telecommunications service, and to protect the interests of its users through ensuring the proper and reasonable operation and promoting fair competition of such business and thereby guarantee the sound development of telecommunications for the convenience of people, and promotion of public welfare.

(2) PURPOSE OF THE LAW AND SYSTEM
The Law prescribes a permission system of telecommunications carriers (Articles 9 to 15), filing sysstem (Articles 16 and 18) and technical standards on telecommunications facilities (equipment) (Article 43), etc.

(3) CABINET ORDER AND MINISTERIAL ORDINANCES
Cabinet Order to enforce the Telecommunications Business Law
Ordinance to enforce the Telecommunications Business Law
Ordinance concerning Terminal Equipment, etc.
Ordinance Concerning Technical Conditions Compliance Approval and Certification of the Type for Terminal Equipment

(4) OUTLINE OF THE REGULATIONS
1) Scope
Telecommunications facilities (terminal equipment)

2) Certification System
According
In response to the development of technology in the telecommunication and enhancement and diversification of the users' needs, in order to liberalize connection of terminal devices by or from users, those who are registered by the Minister of Public Management, Home Affairs, Posts and Telecommunications (registered approval bodies) accredit conformity of the terminal equipment connected to communication facilities to the technical regulations under the Law.

Users are allowed to omit the inspection by the carrier, in case of connecting their terminals to the lines of the carriers that are certified and labeled under this system.

i) Conformity Assessment System for Terminal Equipments (Articles 53 and 56)
Conformity Assessment System for the Terminal Equipment is the system under which, upon receipt from the producers, etc, of the terminal equipment, recognized approval bodies by the Minister undertake the testing based upon design specification, testing data, etc. Conformed products will be marked by the marking provided by the Ministerial Ordinance (In case of design accreditation, an individual filer shall put the mark).

ii) Self-confirmation procedure for Terminal Equipment (Article 63)
Producers or Importers are allowed to confirm by oneself the conformity of the products to the technical standards, in case the terminal equipments have little threat to hinder other users. Appliers for the self-confirmation of conformity to technical standards are allowed to notify the self-confirmation to the Minister when he/she implements the testing of the terminal equipment, and ensure the design of the products are consistent with the technical standard, and ensure the conformity to the design of all the produced/imported devised.

Recognition of technical standard conformity accreditation and recognizeddesign

Names of Registered Approval Body Division of a business Contact
Japan Approvals Institute for Telecommunications Equipment (JATE) Division provided in Article 4 of the regulation Isomura Building, 1-1-3,Toranomon,Minato-ku,Tokyo105-0001,Japan
URL:http://www.jate.or.jp/
DSP Research, Inc. Division provided in Article 4 of the regulation Second Esaka Soliton Bldg., 1-12-4 Esaka-cho, Suita-city, Osaka 564-0063 Japan
URL:http://www.dspr.co.jp/
Chemitox, Inc. Division provided in Article 4 of the regulation 1-14-18, Kamiikedai, Ota ku, tokyo
URL:http://www.chemitox-emc.co.jp/)
TUV Rheinland Japan Ltd. Division provided in Article 4 of the regulation Shin Yokohama Office
Shin Yokohama Daini Center Bldg.,
3-19-5, Shin Yokohama Kohoku-ku, Yokohama 222-0033
URL:http://www.jpn.tuv.com/jp/index.php
* "Recognition regulation" means "Regulation concerning technical standard conformity recognition.
The regulation provides 1. terminal equipment for telephone call, 2. other than 1.

(5) HIGHLIGHTS OF THE RECENT AMENDMENT
i) Since partial amendment of the Telecommunications Business Law, the following systems have been introduced. (in January 2004)
Abolished the Type I Business and Type II Business divided with or without establishing telecommunication circuit facilities. Registration/notification system was introduced for the entry and exit regulation instead of the previous approval system.

ii) Self-confirmation of the Conformity to technical standard was introduced. The system under which the Minister or the recognized approval bodies was replaced by the system under which the registered approval bodies undertake the accreditation. Furthermore, other regulations include abolishment of the approved testing operator system.

iii) Special exception of the law, the terminal equipment accredited and marked by the authorities identified in the law to implement Mutual Recognition Agreement and conformity assessment of specified devices with European Community and Singapore shall be regarded as the marked products by the conformity assessment.

Foreign Conformity Assessment Body Division of Business Contact
TELEFICATION B.V. Division provided in Article 4 of the regulation Edisonstraat 12A, 6902 PK Zevenaar, The Netherlands
URL: http://www.telefication.nl/
CETECOM ICT Services GmbH Division provided in Article 4 of the regulation Unterturkheimer Str. 6-10, 66117 Saarbrucken, Germany
URL: http://www.cetecom.es/

* "Recognition regulation" means "Regulation concerning technical standard conformity recognition.
The regulation provides 1. terminal equipment for telephone call, 2. other than 1.
The Ministry of Public Management, Home Affairs, Posts and Telecommunications publishes "Telecommunication Equipment Technical Standard and Conformity Assessment Manual"

(6) REFERENCE INFORMATION
(Liaison Offices for Further Information)
Telecommunication System Division, Telecommunications Business Department, Telecommunications Bureau, Ministry of Public Management, Home Affairs, Posts and Telecommunications
Tel: 03-5253-5862 http://www.soumu.go.jp