The Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations

AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations, 2018.

AI-assisted research summary: This section provides definitions for terms used in the Regulations, including "air navigation services", "air navigation services facility", "air navigation services provider", "Authority", "Provider", and various communication and frequency terms.

AI-assisted research summary: These Regulations apply to a person providing Communication, Navigation and Surveillance services within designated air spaces and at aerodromes; they do not apply to a person providing those services to state aircraft.

AI-assisted research summary: Providers must provide communication, navigation and surveillance services and facilities and ensure necessary telecommunication information and data for safe, regular and efficient air navigation is available.

AI-assisted research summary: Section interface and functional specifications of the support service;

AI-assisted research summary: Requires Providers to record operational data and voice continuously for air navigation systems, maintain necessary documents and records and to apply the same controls to computer-based records and their paper copies.

AI-assisted research summary: A Provider must develop an operations manual demonstrating the Provider's compliance with these regulations.

AI-assisted research summary: Providers must set up procedures to periodically inspect and test communication, navigation and surveillance systems, establish a security programme for such facilities, and service providers must label and inform users of test transmissions.

AI-assisted research summary: Ensure radio navigation aids are available for aircraft and subjected to periodic ground and flight inspections.

AI-assisted research summary: Establishes a procedure for the management and protection of aeronautical radio spectrum.

AI-assisted research summary: Requires certain training and personnel qualifications for communication, navigation and surveillance staff, including completion of specified training and certification.

AI-assisted research summary: A Provider must establish procedures for reporting, collecting and notifying facility malfunction incidents and safety incidents.

AI-assisted research summary: Providers must develop proficiency certification programs for air traffic safety electronics personnel working on Communication, Navigation and Surveillance systems, and the Authority must certify such personnel, both in accordance with the relevant Civil Aviation Regulations.

AI-assisted research summary: Providers must undertake safety cases for safety-critical system commissioning, apply human factors principles to aeronautical telecommunication facilities, publish and ensure accuracy of operational information, establish interruption/upgrade procedures, and specify recovery times.

AI-assisted research summary: The minimum requirements for planning, installation, commissioning, training, operations and maintenance of the Communication, Navigation and Surveillance facilities shall conform to these Regulations.

AI-assisted research summary: A person who wishes to provide air navigation services or operate a facility to support an air traffic service must have an air navigation services provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations, 2018.

AI-assisted research summary: People must not provide air navigation services or operate CNS facilities in designated airspace and aerodromes unless those facilities or systems have been approved by the Authority; providers must notify the Authority at least 30 days before procuring, installing, using, decommissioning, upgrading or relocating CNS facilities; the Authority may approve such actions.

AI-assisted research summary: The Authority must carry out safety inspections and audits of Communication, Navigation and Surveillance facilities and related documents; an inspector of the Authority is entitled to unrestricted access to service provider facilities, installations, records and documents to determine compliance.

AI-assisted research summary: Air traffic safety electronics personnel who are fully qualified and knowledgeable in operations, testing and maintenance must install the facilities described in subregulation (1).

AI-assisted research summary: Section is commissioned to meet the specifications for that facility;

AI-assisted research summary: All emergency locator transmitters carried in accordance with the Civil Aviation (Operations of Aircraft) Regulations, 2018 must operate on both 406 Megahertz and 121.5 Megahertz.

AI-assisted research summary: Two specific high frequencies (3 023 kHz and 5 680 kHz) are required for search and rescue coordination; when specific frequencies are needed for communication between rescue coordination centres and aircraft, those frequencies must be selected regionally from the appropriate aeronautical mobile frequency bands.

AI-assisted research summary: In the aeronautical mobile service, single channel Simplex must be used for radiotelephone communications using radio frequencies below 30 Megahertz in the bands allocated exclusively to the aeronautical mobile (R) service.

AI-assisted research summary: Single sideband channels shall be assigned in accordance with provisions contained in the First Schedule and Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations, 2018.

AI-assisted research summary: Assignment of frequencies for aeronautical Operational control communications must be in accordance with the provisions contained in 1.2 of the First Schedule.

AI-assisted research summary: Section 26 lists aspects of Non Directional Beacon frequency management: (1)(a) interference protection at the edge of rated coverage; (1)(b) application of figures for Automatic Direction Finder equipment; (1)(c) geographical spacings and respective rated coverages; (1)(d) possible interference from spurious radiation by non-aeronautical sources; and (2) operational circumstances, each locator having a different identification signal, and arrangements to prevent locators using the same frequency radiating simultaneously.

AI-assisted research summary: The block allotment for the 117.975 - 137.000 Megahertz frequency band is specified in Table 1-1 in the Second Schedule.

AI-assisted research summary: Sets assignable frequency limits (118.000–136.975 MHz within 117.975–137.000 MHz), requires mandatory carriage requirements to be based on regional air navigation agreements (with implementation timescales and lead time), requires at least two years' notice of mandatory carriage of airborne systems, and requires publication of assigned frequency/channel to conform to the Second Schedule Table 1-2 where specified channel spacings are in operation.

AI-assisted research summary: Designates emergency and air-to-air very high frequency channels (including 121.500 MHz and 123.450 MHz) and lists specific purposes and availability conditions.

AI-assisted research summary: Where very high frequency digital link Mode 4 is implemented, the frequencies 136.925 Megahertz and 113.250 Megahertz shall be provided as common signalling channels to that Mode 4.

AI-assisted research summary: If an auxiliary frequency to 121.500 MHz is required under regulation 29(1)(c), use the frequency 123.100 MHz; the auxiliary search-and-rescue channel 123.100 MHz must be available only with the characteristics specified in the cited Civil Aviation Regulations, 2018.

AI-assisted research summary: Provisions concerning the deployment of very high frequency frequencies and the avoidance of harmful interference shall be as specified in the Third Schedule.

AI-assisted research summary: Single channel Simplex operation must be used in the frequency band 117.975 - 137 Megahertz at all stations providing service for aircraft engaged in international air navigation.

AI-assisted research summary: Section 34 requires that frequencies in the 117.975–137.000 MHz band for the aeronautical mobile (R) service be selected from lists in the Fourth Schedule; operational-control frequencies must be selected from a dedicated regionally-determined band; and frequencies allotted in a region are limited to the number necessary for operational needs in that region.

AI-assisted research summary: Utilization in the band 108— 117.975 Megahertz and instrument landing system in accordance with subregulation (2) and the Civil Aviation (Radio Navigation Aids) Regulations, 2018.

AI-assisted research summary: Specifies assignments and regional-use rules for certain radio frequency channels and Instrument Landing System channels in the 108–117.975 MHz bands, including that some ILS channels "shall be permitted to be utilized on the basis of regional agreement" and that certain bands and channel endings are subject to regional agreement or Council-fixed dates for restricted or general use.

AI-assisted research summary: All existing VHF Omni-directional Range systems within interference range of a facility using 50 kilohertz channel spacing must be modified to comply with the Civil Aviation (Radio Navigation Aids) Regulations, 2018 to protect airborne equipment during initial deployment.

AI-assisted research summary: Specifies factors to consider for frequency deployment, including required service radii, maximum flight altitudes of aircraft using the facilities, desirability of keeping the minimum Instrument Flight Region altitude low, operational circumstances, assignment of different identification signals to each localizer, and arrangements to ensure localizer and glide path not in use cannot radiate.

AI-assisted research summary: Channels for Distance Measuring Equipment with suffixes "X" or "Y" are to be chosen on a general basis without restriction; channels with suffixes "W" or "Z" are to be chosen on the basis of regional agreement when they become applicable; channels for Distance Measuring Equipment associated with Instrument Landing Systems are to be selected from Table 5-1 in the Fifth Schedule.

AI-assisted research summary: Distance Measuring Equipment channels in Groups 1–5 are generally permitted to be used; when a DME will operate on a runway with an Instrument Landing System, the channel should, if possible, be chosen from Group 1 or 2 and paired with the ILS frequency as shown in the channelling and pairing table in the Civil Aviation (Radio Navigation Aids) Regulations, 2018.

AI-assisted research summary: Distance Measuring Equipment channels Groups 6 to 10 may be used on the basis of a regional agreement once they become applicable under Regulation 39(2).

AI-assisted research summary: A person may apply to the Authority for an exemption; applications must include specified contact, justification, operational, safety and other information; emergency applications require supporting facts and reasons; the Authority may refuse emergency processing if reasons are unsatisfactory; applications must be accompanied by the prescribed fee.

AI-assisted research summary: The Authority must ask applicants in writing to remedy incomplete application requirements before publication or decision; if the request is for emergency relief the Authority must publish the decision as soon as possible after processing the application.

AI-assisted research summary: The Authority must notify applicants in writing of grant or denial decisions and publish a detailed summary of its evaluation and decision; the summary must state the exemption duration and conditions; if the exemption affects a significant aviation population in Kenya, the summary must be published in an aeronautical information circular.

AI-assisted research summary: Persons who perform functions under these Regulations may be tested for drug or alcohol use; refusal to submit to tests or conviction can lead to denial, suspension or revocation of licences or authorisations, including denial for up to one year.

AI-assisted research summary: The Authority must return the originals submitted under paragraph (2) to the holder of a certificate, with any approved changes applied, and where necessary may retain copies.

AI-assisted research summary: Holders of Provider certificates must notify the Authority of any change in physical and mailing address within fourteen days; failing to notify within that time means the person shall not exercise the certificate's privileges.

AI-assisted research summary: A person may apply to the Authority, in the prescribed form, to replace documents issued under these Regulations when they are lost or destroyed.

AI-assisted research summary: Prohibits use, forging, lending, false procurement, mutilation or falsification of certificates or records; restricts issuance of certificates to those authorised by the Authority and requires verification before issuance.

AI-assisted research summary: Anyone who knows of a violation of the Act or its regulations must report it to the Authority; the Authority may decide what investigation or enforcement action is needed.

AI-assisted research summary: A person who fails to follow a direction given by the Authority or an authorised person is treated as having contravened the relevant provision.

AI-assisted research summary: The Authority must notify in writing the fees to be charged for certificates, tests, inspections or investigations; applicants must pay any applicable fee before an application is accepted; and the Authority shall not refund payments if the application is withdrawn, ceases to have effect, or is refused.

AI-assisted research summary: Contravening these Regulations can lead to cancellation or suspension of a person's certificate or exemption; upon conviction the person is liable to a fine or imprisonment (and continuing contraventions are separate offences each day).

AI-assisted research summary: Persons who contravene these Regulations are liable on conviction to a fine not exceeding one million shillings, or to imprisonment for up to six months, or to both; an act or omission not avoidable by reasonable care is deemed not a contravention.

AI-assisted research summary: Any person aggrieved by an order under these Regulations may appeal to the National Civil Aviation Administrative Review Tribunal within twenty one days of the order being made.

AI-assisted research summary: Persons already carrying out acts, duties or operations affected by these Regulations must, within one (1) year from commencement (or a longer period if prescribed by the Cabinet Secretary in the Gazette), comply with the Regulations or stop those activities.