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(a) An applicant for an aeronautical telecommunication service certificate must employ, contract, or otherwise engage—
(1) a senior person identified as the chief executive who—
(i) has the authority within the applicant’s organisation to ensure that all activities undertaken by the organisation can be financed and carried out to meet applicable operational requirements; and
(ii) is responsible for ensuring that the organisation complies with the requirements and standards prescribed by this Part; and
(2) a senior person or persons responsible to the chief executive and who are responsible for—
(i) ensuring that the applicant’s organisation complies with its exposition; and
(ii) the system for safety management required under rule 171.73; and
(3) sufficient personnel to inspect, supervise, and maintain the facilities listed in the applicant’s exposition.
(aa) The senior person or persons required by paragraph (a)(2)(ii) must be able to demonstrate competency and experience relevant to the management of safety systems and the activities of the certificate holder.
(b) An applicant for an aeronautical telecommunication service certificate must establish procedures for personnel, who are authorised by the holder of the aeronautical telecommunications service certificate to place into operational service any of the facilities listed in the exposition, to—
(1) assess the competency of those authorised personnel; and
(2) maintain the competency of those authorised personnel; and
(3) establish a means to provide those authorised personnel with written evidence of the scope of their authorisation.
(a) An applicant for an aeronautical telecommunication service certificate must establish a procedure to ensure that—
(1) each aeronautical facility listed in the applicant's exposition—
(i) is designed, installed, and commissioned to meet the applicable operational specification for that facility; and
(ii) conforms with the applicable system characteristics and specification standards prescribed in ICAO Annex 10, Volumes I, III, and IV; and
(iii) conforms with the applicable specifications and requirements of Subpart D; and
(iv) has been allocated an identification code or call sign, if a code or call sign is required under rule 171.17; and
(2) information on the operational status of each radio navigation aid listed in the applicant's exposition, that is essential for the approach, landing, and take-off at an aerodrome, is provided to meet the operational needs of—
(i) the air traffic control unit providing an aerodrome control service for that aerodrome while that service is being provided; and
(ii) the air traffic control unit providing an approach control service for that aerodrome while that service is being provided; and
(3) each aeronautical facility listed in the applicant's exposition is installed with suitable power supplies and means to ensure continuity of operation appropriate to the needs of the air traffic service or radio navigation service being supported; and
(4) each aeronautical facility listed in the applicant's exposition is installed in accordance with the security programme required under rule 171.55 to minimise any risk of destruction, damage, or interference with the operation of the facility; and
(5) any critical site area of any aeronautical facility listed in the applicant's exposition is—
(i) clearly identified on the site drawings for the aeronautical facility; and
(ii) physically protected by suitable signposts on the site; and
(iii) protected by written agreements with the site owner, aerodrome operator, and air traffic control unit, as appropriate, to ensure that site restrictions are not infringed by buildings, fences, vehicles, machinery, or aircraft.
(b) An applicant for an aeronautical telecommunication service certificate who intends to operate a temporary aeronautical facility to carry out site tests must establish a procedure for conducting those tests.
(c) The procedure required under paragraph (b) must require that—
(1) the operation of the temporary facility does not cause any interference with any other operating aeronautical facility; and
(2) appropriate information regarding the operation of the temporary facility is forwarded to the provider of the AIS for the issue of a NOTAM, and if appropriate the publication of a Supplement to the AIP; and
(3) an appropriate NOTAM has been published.
(a) An applicant for the grant of an aeronautical telecommunication service certificate must establish a security programme for the facilities listed in the applicant's exposition.
(b) The security programme required under paragraph (a) must specify the physical security requirements, practices, and procedures to be followed for the purposes of minimising the risk of destruction of, damage to, or interference with the operation of any aeronautical facility operated under the authority of the aeronautical telecommunication service certificate, if such destruction, damage, or interference could endanger the safety of aircraft.
(c) The security programme required under paragraph (a) must include such physical security requirements, practices, and procedures as may be necessary—
(1) to ensure that each aeronautical facility is subject to positive access control (including, but not limited to, compliance with rules 139.207(2) and 139.209(b)) at all times to prevent unauthorised entry; and
(2) for personnel to follow in the event of a bomb threat or other threat of damage to an aeronautical facility; and
(3) to monitor an unattended aeronautical facility building to ensure that any intrusion or interference is immediately detected.
(d) The security programme required under paragraph (a) must include procedures to notify, investigate and report security incidents to the Director in accordance with Part 12.
(a) An applicant for an aeronautical telecommunication service certificate must hold copies of relevant equipment manuals, technical standards, practices, instructions, and any other documentation that are necessary for the provision and operation of the facilities listed in the applicant's exposition.
(b) An applicant for an aeronautical telecommunication service certificate must establish a procedure for the control of the documentation required under paragraph (a) and any other applicable Rule Part.
(c) The procedure required under paragraph (b) must require that—
(1) all documentation is reviewed and authorised by an appropriate senior person referred to in rule 171.51 before issue; and
(2) current issues of all relevant documentation are accessible to staff at all locations if required for the provision and operation of aeronautical facilities; and
(3) all obsolete documentation is promptly removed from all points of issue or use; and
(4) changes to documentation are reviewed and authorised by an appropriate senior person referred to in rule 171.51; and
(5) the current version of each item of documentation can be identified.
(a) An applicant for an aeronautical telecommunication service certificate must establish a procedure for the periodic inspection and testing of the aeronautical facilities listed in the applicant's exposition to verify that each aeronautical facility meets the applicable operational requirements and performance specifications for that facility.
(b) The procedure required under paragraph (a) must—
(1) include ground inspections and tests, and if necessary, flight tests; and
(2) include the criteria for establishing or changing the interval between the periodic tests for each aeronautical facility listed in the exposition, having regard to—
(i) any applicable information published by ICAO; and
(ii) any applicable reliability data for the aeronautical facility; and
(iii) information on the proven reliability performance of the aeronautical facility, and of other similar aeronautical facilities, and the stability of the aeronautical facility's operating environment; and
(3) ensure that the grounds for establishing or changing the interval between the periodic tests for each aeronautical facility listed in the exposition are documented.
(c) An applicant for an aeronautical telecommunication service certificate must establish—
(1) a programme of periodic ground inspections for each aeronautical facility listed in the applicant's exposition; and
(2) a programme of periodic ground tests for each aeronautical facility listed in the applicant's exposition; and
(3) a programme of periodic flight tests for each radio navigation aid listed in the applicant's exposition unless the applicant can establish from the criteria under paragraph (b)(2) that periodic ground tests can replace the periodic flight tests for the aeronautical facility without affecting the safety of air navigation.
(d) The programmes required by paragraphs (c)(2) and (c)(3) must be based on the criteria required under paragraph (b)(2) and must specify the maximum interval between the tests for each aeronautical facility.
(e) An applicant for an aeronautical telecommunication service certificate must notify the Director of any radio navigation aid that is not subjected to periodic flight tests.
An applicant for an aeronautical telecommunication service certificate must establish a procedure to ensure that no aeronautical facility listed in the applicant's exposition is placed into operational service unless—
(1) the person placing the aeronautical facility into operational service is assessed as competent and authorised according to the procedures required under rule 171.51(b); and
(2) the appropriate checks detailed in the operating and maintenance instructions required under rule 171.107 have been carried out to verify the performance of the aeronautical facility; and
(3) the aeronautical facility record has been completed according to the procedures required under rule 171.71.
(a) An applicant for an aeronautical telecommunication service certificate must ensure that appropriate inspection, measuring, and test equipment is available for personnel to maintain the operation of each aeronautical facility listed in the applicant's exposition.
(b) An applicant for an aeronautical telecommunication service certificate must establish a procedure to control, calibrate, and maintain all the inspection, measuring, and test equipment required under paragraph (a) to ensure that each item of equipment has the precision and accuracy that is necessary for the measurements and tests to be performed.
(c) The procedure required under paragraph (b) must require that each item of test equipment required for the measurement of critical performance parameters is—
(1) calibrated before use or at prescribed intervals with the calibration traceable to an appropriate national standard; and
(2) identified with a suitable indicator to show its calibration status; and
(3) controlled to—
(i) safeguard against adjustments that would invalidate the calibration setting; and
(ii) ensure that the handling, preservation, and storage of the test equipment are such that its accuracy and fitness for use is maintained.
(d) If hardware and software systems are used for the performance testing of any aeronautical facility, the procedures under paragraph (b) must require the functions of those testing systems to be checked—
(1) before being released for use; and
(2) at prescribed intervals—
to establish that those testing systems are capable of verifying the true performance of the aeronautical facility.
(a) An applicant for an aeronautical telecommunication service certificate must establish a procedure to ensure that the requirements of rule 171.19 are met for each applicable aeronautical facility listed in the applicant’s exposition.
(b) The procedure required under paragraph (a) must include a means to confirm that—
(1) the operational details of the aeronautical facility as notified to AIS have been accurately published in the AIP; and
(2) any change to the operational status of the aeronautical facility has been published by NOTAM.
(a) An applicant for an aeronautical telecommunication service certificate must establish a procedure to check and accurately record the operating condition of any aeronautical facility operated under the authority of the certificate that may have been used by an aircraft, or an air traffic service, that is involved in an accident or incident.
(b) The procedure required under paragraph (a) must require that—
(1) the check of the aeronautical facility’s operating condition is carried out as soon as practicable after notification to the holder of the aeronautical telecommunication certificate of the accident or incident; and
(2) the record of that check, and the recorded history of the aeronautical facility, is kept in a secure place for possible use by any subsequent accident or incident investigation; and
(3) the records required to be secured under paragraph (b)(2) are retained for 3 years from the date of the last entry made on that record.
An applicant for the grant of an aeronautical telecommunication service certificate must establish procedures—
(1) to notify, investigate, and report facility malfunction incidents in accordance with the requirements of Part 12; and
(2) to implement corrective actions to eliminate the cause of a facility malfunction incident and prevent its recurrence.
(a) An applicant for an aeronautical telecommunication service certificate must establish procedures to identify, collect, index, store, maintain, and dispose of the records that are necessary to record—
(1) the safe provision of the aeronautical telecommunication services; and
(2) the safe operation of each aeronautical facility listed in the applicant's exposition.
(b) The procedures required under paragraph (a) must require that accurate records of the following are maintained:
(1) for each aeronautical facility, a record—
(i) documenting the operating performance of the aeronautical facility; and
(ii) providing a history of the maintenance, and the periodic inspections and tests of the aeronautical facility, that are traceable to the person or persons responsible for each of the recorded activities; and
(2) for each aeronautical facility, a record of the establishment of, or a change in, the periodic tests required under rule 171.59(a); and
(3) for each item of test equipment required under rule 171.63(a) that is used for the measurement of an aeronautical facility’s critical performance parameters, a record that includes a traceable history of the location, maintenance, and the calibration checks for the item of test equipment; and
(4) for each facility malfunction incident reported under Part 12, a record that includes—
(i) details of the nature of the malfunction; and
(ii) the findings of the investigation; and
(iii) the follow up corrective actions; and
(iv) if applicable, a copy of the report submitted to the Authority under Part 12; and
(5) Reserved
(6) for each person who is authorised in accordance with rule 171.51(b) to place aeronautical facilities into operational service, a record that includes details of the person’s experience, qualifications, training, competence assessments, and current authorisations.
(c) The procedures required under paragraph (a) must require—
(1) all records to be legible and of a permanent nature; and
(2) all aeronautical facility records required under paragraph (b)(1) to be retained for a period of at least three years unless a longer period is required—
(i) by the Director; or
(ii) to establish a performance history for the aeronautical facility.
An applicant for the grant of an aeronautical telecommunication service certificate must establish, implement, and maintain a system for safety management in accordance with rule 100.3.
An applicant for an aeronautical telecommunication service certificate must ensure that the procedures for operating the facilities listed in the applicant's exposition are in accordance with the applicable communication procedures prescribed in ICAO Annex 10, Volume II.
(a) An applicant for an aeronautical telecommunication service certificate must provide the Director with an exposition that contains—
(1) a statement signed by the chief executive, on behalf of the applicant’s organisation confirming that—
(i) the exposition defines the organisation and demonstrates its means and methods for ensuring ongoing compliance with this Part; and
(ii) the exposition, and all associated manuals, operating, and maintenance instructions, must be complied with by the organisation's personnel at all times; and
(1A) the documentation required by rule 100.3(b) to establish and maintain the system for safety management; and
(1B) if a DAMP is required (see rule 99.5 and section 114 of the Act) a DAMP meeting the requirements of Part 99 and of the Act; and
(2) the titles and names of the senior person or persons required by rules 171.51(a)(1) and (2); and
(3) the duties and responsibilities of the senior person or persons required by rules 171.51(a)(1) and (2), including—
(i) matters for which they have responsibility to deal directly with the Director or the Authority on behalf of the organisation; and
(ii) responsibilities for safety management; and
(4) an organisation chart showing lines of responsibility of each senior person or persons required by rules 171.51(a)(1) and (2) and covering each location listed under paragraph (a)(7); and
(5) a summary of the organisation's staffing structure at each location listed under paragraph (a)(7); and
(5A) information identifying the lines of safety responsibility within the organisation; and
(6) a list of each type of aeronautical facility to be operated under the authority of the aeronautical telecommunication service certificate; and
(7) a summary of the scope of activities at each location where the organisation's personnel are based for the purpose of providing or maintaining the types of facilities listed under paragraph (a)(6); and
(8) a summary of the operational details of each aeronautical facility associated with each location listed under paragraph (a)(7); and
(9) details of the security programme required under rule 171.55; and
(10) Reserved
(11) the detailed procedures, or an outline of the procedures including information that identifies the documentation that contains the detailed procedures, that are required under—
(i) rules 171.51(b)(1) and (2) regarding the competence of personnel; and
(ii) rule 171.53(a) regarding the design, installation, and commissioning of facilities; and
(iii) rule 171.53(b) regarding the operation of temporary facilities for site tests; and
(iv) rule 171.57(b) regarding the control of documentation; and
(v) rule 171.59(a) regarding periodic inspections and testing of facilities; and
(vi) rule 171.61 regarding facility performance; and
(vii) rule 171.63 regarding the control, calibration, and maintenance of inspection, measuring, and test equipment; and
(viii) rule 171.65(a) regarding the notification of facility information; and
(ix) rule 171.67(a) regarding facility checks after notification of an accident or incident; and
(x) rule 171.69 regarding facility malfunction incidents; and
(xi) rule 171.71(a) regarding the identification, collection, indexing, storage, maintenance, and disposal of records; and
(xii) rule 171.75 regarding the communication procedures; and
(12) detailed procedures to control, amend, and distribute the exposition.
(b) The applicant’s exposition must be acceptable to the Director.
