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In this subpart:

171.101 Continued compliance

The holder of an aeronautical telecommunication service certificate must—

(1) continue to meet the standards and comply with the requirements of Subpart B prescribed for certification under this Part; and

(2) comply with all procedures referred to in its exposition; and

(3) hold at least one complete and current copy of its exposition at each location listed in its exposition where a senior person is based; and

(4) make each applicable part of its exposition available to personnel who require those parts to carry out their duties; and

(5) notify the Director on the approved CAA form of any change of address for service, telephone number, or email address within 28 days of the change.

171.103 Reserved

171.105 Reserved

171.107 Operating and maintenance instructions

(a) The holder of an aeronautical telecommunication service certificate must—

(1) have operating and maintenance instructions that set out the requirements for operating and maintaining each aeronautical facility listed in its exposition; and

(2) provide the operating and maintenance instructions required under paragraph (1) for the use and guidance of its personnel.

(b) The operating and maintenance instructions required under paragraph (a)(1) must include—

(1) details of the critical performance parameters for each aeronautical facility; and

(2) the associated minimum performance levels for those critical performance parameters referred to in paragraph (b)(1); and

(3) details of the test equipment required for the measurement of those critical performance parameters referred to in paragraph (b)(1); and

(4) details of the mandatory inspections and test procedures for the operational service; and

(5) details of the mandatory inspection and test procedures for the operation and maintenance of each aeronautical facility.

171.109 Deviations

(a) If an emergency necessitates immediate action for the protection of life or property, and the action involves an aircraft operation, the holder of an aeronautical telecommunication service certificate may, subject to rule 171.113(a), deviate from any requirement of this Part.

(b) The holder of an aeronautical telecommunication service certificate who deviates from a requirement of this Part under paragraph (a) must—

(1) provide a written report to the Director as soon as practicable, but in any event not later than 14 days, after the emergency; and

(2) include in the report required under paragraph (b)(1) the nature, extent, and duration of the deviation.

171.111 Temporary aeronautical facility

If a temporary aeronautical facility is operated for the purpose of a site test, the holder of an aeronautical telecommunication service certificate is not required to comply with any requirements of Subpart B, except for rule 171.53(b) and (c).

171.113 Limitations on certificate holder

(a) Except for the operation of a temporary aeronautical facility for site tests according to the procedures required under rule 171.53(b), the holder of an aeronautical telecommunication service certificate may not permit an aeronautical facility to continue in operational service under the authority of the certificate if the holder has any cause to suspect the integrity of the information being provided by the facility.

(b) The holder of an aeronautical telecommunication service certificate may not operate a radio transmitting aeronautical facility on an aeronautical radio frequency except under a radio apparatus licence granted by the Chief Executive of the Ministry of Business, Innovation and Employment for the facility.

(c) Except if a deviation is required under rule 171.109(a) or a site test is carried out according to the procedures required under rule 171.53(b), the holder of an aeronautical telecommunication service certificate may not operate an aeronautical facility under the authority of that certificate unless—

(1) the aeronautical facility is listed in the certificate holder's exposition; and

(2) the performance of the aeronautical facility meets the applicable information published for that facility under rule 171.19; and

(3) the performance of the aeronautical facility meets the applicable requirements in rule 171.53(a); and

(4) any integrity monitoring system for the aeronautical facility is fully functional; and

(5) all the periodic tests for the aeronautical facility are completed according to the programmes established under rules 171.59(c)(2) and (3); and

(6) the aeronautical facility is included in the certificate holder's security programme required under rule 171.55(a) if the destruction, damage, or interference with the aeronautical facility is likely to endanger the safety of an aircraft in flight; and

(7) if paragraph (c)(6) applies, the requirements of the security programme for the aeronautical facility are being complied with.

171.115 Changes to certificate holder's organisation

(a) A holder of an aeronautical telecommunication service certificate must—

(1) ensure that the exposition is amended, as required, to remain a current description of the certificate holder’s organisation, aeronautical telecommunication services, and facilities; and

(2) ensure that any amendment made to its exposition meets the applicable requirements of this Part; and

(3) comply with the amendment procedures contained in its exposition; and

(4) forward to the Director for retention a copy of each amendment to its exposition as soon as practicable after the amendment is incorporated into its exposition; and

(5) make such amendments to its exposition as the Director may consider necessary in the interests of aviation safety.

(b) A certificate holder must obtain the approval of the Director before changing any of the following:

(1) the chief executive:

(2) the listed senior persons:

(3) the security programme:

(4) the types of aeronautical facility operated under the authority of the certificate:

(5) the system for safety management, if the change is a material change:

(6) any DAMP, if the change is a material change.

(c) An application to make any of the changes under paragraph (b) must be made by the certificate holder on the approved CAA form.

(d) The Director may impose any conditions, that the Director considers necessary in the interests of aviation safety, under which the holder of an aeronautical telecommunications service certificate must operate during or following any change specified in paragraph (b).

(e) The holder of an aeronautical telecommunication service certificate must comply with any conditions imposed by the Director under paragraph (d).

(f) If any of the changes under paragraph (b) requires an amendment to the aeronautical telecommunication service certificate, the certificate holder must forward the certificate to the Director for endorsement of the change as soon as practicable.

 

Subpart B

Subpart D