The Civil Aviation (Communication Procedures) Regulations

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Communication Procedures) Regulations, 2018

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Act" means the Civil Aviation Act (Cap. 394); "Aerodrome Control Radio Station" means a station providing radio communication between an aerodrome control tower and aircraft or mobile aeronautical stations; "Aeronautical Broadcasting Service" means a broadcasting service intended for the transmission of information relating to air navigation; "Aeronautical Fixed Circuit" means a circuit forming part of the Aeronautical Fixed Service; "Aeronautical Fixed Service" means a telecommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air services; "Aeronautical Fixed Station" means a station in the aeronautical fixed service; "Aeronautical Fixed Telecommunication Network" means a worldwide system of Aeronautical Fixed Circuits provided, as part of the aeronautical fixed service, for the exchange of messages or digital data between aeronautical fixed stations having the same or compatible communications characteristics; "Aeronautical Fixed Telecommunication Network circuit" means a circu...

Section 3. Application. Section 3(1) These Regulations shall apply to a person providing Communication, Navigation and Surveillance services within designated air spaces and at aerodromes. Section 3(2) These Regulations do not apply to a person providing Communication, Navigation and Surveillance Services to state aircraft.

Section 4. Requirements for Communication, Navigation and Surveillance (CNS) Facilities. Section The minimum requirements for planning, installation, commissioning, training, operations and maintenance of the Communications, Navigation and Surveillance (CNS) facilities shall conform to these regulations.

Section 5. Certification of CNS Provider. Section A person who wishes to provide Air Navigation Services service or operate a facility to support an air traffic service shall have an Air Navigation Services Provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations, 2018.

Section 6. Approval requirement. Section 6(1) A person shall not provide ANS or operate communication, navigation and surveillance facilities or systems in the designated airspace and aerodromes unless the systems or facilities have been approved by the Authority. Section 6(2) The Air Navigation Services Provider shall notify the Authority of its intention to procure, install, use, decommission, upgrade or relocate any communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes not less than thirty (30) days prior to the date of start of the process. Section 6(3) The Authority shall approve installation, use, decommissioning, upgrading or relocation of all the communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes.

Section 7. Inspections and audits. Section 7(1) The Authority shall carry out safety inspections and audits on CNS facilities, documents and records of the CNS facilities to determine compliance in accordance with these Regulations. Section 7(2) An inspector of the Authority shall have unrestricted access to the facilities, installations, records and documents of the service provider to determine compliance with these Regulations and required procedures.

Section 8. Siting and installation. Section 8(1)(a) are operated, maintained, available and reliable in accordance with the requirements prescribed by the Authority; Section 8(1)(a)(i) are operated, maintained, available and reliable in accordance with the requirements prescribed by the Authority; Section 8(1)(a)(ii) are designed to meet the applicable operational specification for that facility; Section 8(1)(a)(iii) are installed and commissioned as prescribed by the Authority; and Section 8(1)(a)(iv) conform to the applicable system characteristics and specification standards prescribed by the Authority; Section 8(1)(b) determine the site for installation of a new facility based on operational requirements, construction aspects and maintainability. Section 8(2) The facilities in sub-regulation (1) shall be installed by licensed ATSEPs with relevant ratings for the facilities.

Section 9. Commissioning requirement Section is commissioned to meet the specifications for that facility; and

Section 10. Availability and reliability of CNS facilities. Section 10(1) An Air Navigation Services Provider shall be responsible for the provision of communication, navigation and surveillance services and facilities to ensure that the telecommunication information and data necessary for the safe, regular and efficient operation of air navigation is available. Section 10(2)(a) availability; Section 10(2)(b) reliability; Section 10(2)(c) accuracy; Section 10(2)(d) Integrity; Section 10(2)(e) mean time between failure (MTBF); and Section 10(2)(f) mean time to repair (MTTF). Section 10(3)(a) the configuration of each service; and Section 10(3)(b) the known performance of each service. Section 10(4) An Air Navigation Service Provider shall describe in the operations manual the method used to calculate each of the values. Section 10(5) For a radio navigation service, the integrity values or characteristics shall be given for each kind of navigation aid facility that forms part of the service. Section 10(6) The performance of technical facilities shall be monitored, reviewed and reported against these Regulations. Section 10(7) An Air Navigation Service Provider shall ensure that a fac...

Section 11. Interface arrangement for support services. Section interface and functional specifications of the support service;

Section 12. Record keeping and documentation. Section 12(1)(a) hold copies of relevant equipment manuals, technical standards, practices, instructions, maintenance procedures, site logbooks, systems backup data, equipment and test gear inventory and any other documentation that are necessary for the provision and operation of the facility; Section 12(1)(b) establish a procedure for the control of the documentation required under these Regulations; Section 12(1)(c) keep records under the control of the relevant key personnel; Section 12(1)(d) control access to the records system to ensure appropriate security. Section 12(2) An Air Navigation Service Provider shall maintain all documents and records which are necessary for the operation and maintenance of the service and make available copies of these documents to personnel where needed. Section 12(3)(a) a copy of these regulations; Section 12(3)(b) an Air Navigation Service Provider's operations manual; Section 12(3)(c) ICAO Annex 10 Volumes I to V, ICAO Doc 8071 - Manual on Testing of Radio Navigation Aids, and other relevant ICAO documents; Section 12(3)(d) records of malfunction and safety incident reports; Section 12(3)(e) recor...

Section 13. Operations Manual Section 13(1) An Air Navigation Services Provider shall develop operations manual that demonstrates the Air Navigation Services Provider's compliance with these regulations. Section 13(2)(a) the information required of the Air Navigation Services Provider in accordance with these Regulations; Section 13(2)(b) an organization chart of the Air Navigation Services Provider and its maintenance contractors, if any, that shows the position of each personnel and the name, qualification, experience, duties and responsibilities of personnel who are responsible for ensuring the compliance of the organization with the requirements described in these Regulations; Section 13(2)(c) an overall operation and maintenance plan for the aeronautical telecommunication service, and for each facility, an operation and maintenance plan, as described in these regulations document; Section 13(2)(d) for each facility, information on the compliance of the facility with these regulations and the applicable aeronautical telecommunication standards; and Section 13(2)(e) the system performance target of each facility, such as its availability and reliability. Section 13(3) The operat...

Section 14. Periodic Inspection, Testing and Security of CNS facilities. Section 14(1) An Air Navigation Services Provider shall establish a procedure for the periodic inspection and testing of the communication, navigation and surveillance systems to verify that each facility meets the applicable operational requirements and performance specifications for that facility. Section 14(2)(a) that appropriate inspection, measuring and test equipment are available for staff to maintain the operation of each facility; Section 14(2)(b) the control, calibration and maintenance of such equipment so that they have the precision and accuracy necessary for the measurements and tests to be performed. Section 14(3)(a) security of the facility and site; Section 14(3)(b) adherence to the approved maintenance programme; Section 14(3)(c) upkeep of the equipment, building, site and site services; and Section 14(3)(d) adequacy of facility records and documentation. Section 14(4) An Air Navigation Service Provider shall establish a security programme for the communication, navigation and surveillance facility. Section 14(5) The security programme required under subregulation (4) shall specify the physic...

Section 15. Flight Inspection and facility check after accident or incident. Section ensure that radio navigation aids are available for use by aircraft engaged in air navigation and that the radio navigation aids are subjected to periodic ground and flight inspections.

Section 16. CNS Personnel Training and other requirements Section 16(2) The On-Job-Training officer in sub-regulation (1)(f) above shall have satisfactorily completed the On-Job-Training instructional techniques course. Section 16(3)(a) that person has successfully completed training in the performance of that function in line with the ATSEP competency based requirements; Section 16(3)(b) an Air Navigation Service Provider is satisfied that the technical person is competent in performing that function; and Section 16(3)(c) that person has been certified in accordance with requirements of the relevant Civil Aviation Regulations.

Section 17. Radio frequency management and reporting. Section 17(1) An Air Navigation Service Provider shall establish procedures for the reporting, collection and notification of facility malfunction incidents and safety incidents. Section 17(2) The procedures in sub-regulation (1) shall be documented in the MANSOPS. Section 17(3)(a) determine the cause of the incidents and determine any adverse trends; Section 17(3)(b) implement corrective and preventive actions where necessary to prevent recurrence of the incidents; and Section 17(3)(c) implement any measures to improve the safety performance of the aeronautical telecommunication service. Section 17(4)(a) report any serious service failure or safety incident to the Authority and investigate such incidents in order to establish how and why the incident happened, including possible organizational contributing factors and to recommend actions to prevent a recurrence; and Section 17(4)(b) ensure that information on the operational status of each communication, navigation and surveillance facility that is essential for the enroute, approach, landing, and take-off phases of flight is provided to meet the operational needs of the servi...

Section 18. Proficiency certification program. Section 18(1) An Air Navigation Service Provider shall develop proficiency certification program for Air traffic safety electronics personnel engaged in the installation, training, operations and maintenance of Communication, Navigation and Surveillance systems in accordance with guidelines prescribed by the Authority. Section 18(2) The Authority shall certify Air traffic safety electronics personnel involved in the installation, training, operations and maintenance of Communication, Navigation and Surveillance systems in accordance with the relevant Civil Aviation Regulations.

Section 19. Safety case, notification of Aeronautical facility status and interruption to service. Section 19(2) An Air Navigation Service Provider shall ensure that human factors principles are observed in the design, operations and maintenance of aeronautical telecommunication facilities. Section 19(3)(a) information on the operational details of any new facility for publication in the Aeronautical Information Publication; and Section 19(3)(a)(i) information on the operational details of any new facility for publication in the Aeronautical Information Publication; and Section 19(3)(a)(ii) information concerning any change in the operational status of any existing facility, for the issue of a Notice to Airmen; and Section 19(3)(b) ensure that the information forwarded under sub-paragraph (a) has been accurately published. Section 19(4)(a) establish a procedure to be used in the event of interruption to or when upgrading communication, navigation and surveillance systems; Section 19(4)(b) specify an acceptable recovery time for each service.

Section 20. Division of service. Section aeronautical fixed service;

Section 21. Telecommunication access. Section All Aeronautical Telecommunication Stations, including end systems and intermediate systems of the Aeronautical Telecommunication Network, shall be protected from unauthorized direct or remote access.

Section 22. Hours of Service. Section 22(1)(a) the normal hours of service of stations and offices of the International Aeronautical Telecommunication Service under its control to the Aeronautical Telecommunication Agencies designated to receive this information by other Administrations concerned; Section 22(1)(b) any change in the normal hours of service, before such a change is effected, to the aeronautical telecommunication agencies designated to receive this information by other Administrations concerned. Section 22(2) The changes in subregulation (2) shall also be promulgated in a Notice to Airmen. Section 22(3) If a station of the International Aeronautical Telecommunication Service, or an aircraft operating agency, requests a change in the hours of service of another station, such change shall be requested as soon as possible after the need for change is known. Section 22(4) The station or aircraft operating agency requesting for the change in subregulation (3) shall be informed of the result of its request as soon as possible.

Section 23. Supervision. Section 23(1) Kenya shall designate the Authority responsible for ensuring that the international aeronautical telecommunication service is conducted in accordance with these Regulations. Section 23(2) Occasional infringements of the Procedures contained herein, when not serious, shall be dealt with by direct communication between the parties immediately interested either by correspondence or by personal contact. Section 23(3) When a station commits serious or repeated infringements, representations relating to them shall be made to the Authority as specified in subregulation (1) to which the station belongs by the authority which detects them. Section 23(4) The Authority designated in subregulation (1) shall exchange information regarding the performance of systems of communication, radio navigation, operation and maintenance or unusual transmission phenomena.

Section 24. Superfluous transmissions. Section The Authority shall ensure that there is no wilful transmission of unnecessary or anonymous signals, messages or data by any station within Kenya.

Section 25. Interference. Section An Air Navigation Service Provider shall ensure that all precautions, such as the choice of frequency and of time and the reduction or if possible, the suppression of radiation are taken to avoid any harmful interference during tests and experiments in any station and any resulting interference eliminated as soon as possible.

Section 26. Extensions of service and closing down of stations. Section 26(1) Stations of the International Aeronautical Telecommunication Service shall extend their normal hours of service as required by the Authority to provide for traffic necessary for flight operation. Section 26(2) A station shall notify its intention to all other stations with which it is in direct communication to confirm that an extension of service is not required and advise the time of re-opening if not within its normal hours of service. Section 26(3) A Station shall notify its intention of closing down either to the control station, if any, or to all stations in the network when it is working regularly in a network on a common circuit. Section 26(4) The station in sub-regulation (3) shall continue watch for two minutes and may then close down if the station has received no call during this period. Section 26(5) Stations with other than continuous hours of operation, engaged in, or expected to become engaged in distress, urgency, unlawful interference, or interception traffic, shall extend their normal hours of service to provide the required support to those communications.

Section 27. Acceptance of messages Section 27(1) An Air Navigation Service Provider shall accept for transmission only messages coming within the categories specified in regulation 39. Section 27(2) The responsibility for determining the acceptability of a message shall rest with the station where the message is filed for transmission. Section 27(3) An Air Navigation Service Provider of any station through which a message is relayed, shall make representations at a later date to An Air Navigation Service Provider in control of the accepting station regarding any message which is considered unacceptable. Section 27(4) Only messages for stations forming part of the Aeronautical Telecommunication Service shall be accepted for transmission, except where special arrangements have been made with An Air Navigation Service Provider concerned. Section 27(5) Acceptance of a single message of a message intended for two or more addresses, whether at the same station or at different stations, shall be permitted subject to the provisions prescribed in the First Schedule 1.6.2.3. Section 27(6) Messages handled for aircraft operating agencies shall be accepted only when handed in to the telecommun...

Section 28. Transmission and delivery of messages. Section 28(1) A message accepted in regulation 28 shall be transmitted, relayed and delivered in accordance with the priority classification and of without discrimination or undue delay. Section 28(2) A single office for each aircraft operating agency shall be designated by agreement between An Air Navigation Service Provider and the aircraft operating agency concerned for each station of An Air Navigation Service Provider from which messages are delivered to one or more aircraft operating agencies. Section 28(3) Stations of the International Aeronautical Telecommunication Service shall be responsible for delivery of messages to addressee(s) located within the boundaries of the aerodrome(s) served by that station and beyond those boundaries only to addressee(s) as may be agreed by special arrangements with the Administrations concerned. Section 28(4) The Authority shall prescribe a form of written record or other permanent means of delivering messages. Section 28(5) Messages originated in the Aeronautical Mobile Service by an aircraft in flight and which require transmission over the Aeronautical Fixed Telecommunication Network to...

Section 29. Time systems. Section 29(1) The Universal Co-ordinated Time shall be used by all stations in the Aeronautical Telecommunication Service. Section 29(2) The Stations in sub-regulation (1) shall designate midnight as 2400 for the end of the day and 0000 for the beginning of the day. Section 29(3) A date-time group shall consist of six figures, the first two figures representing the date of the month and the last four figures the hours and minutes in Universal Co-ordinated Time.

Section 30. Record of communications. Section 30(1) A station of the Aeronautical Telecommunication shall maintain a telecommunication log except an aircraft station when using radiotelephony in direct communication with an aeronautical station. Section 30(2) Aeronautical stations shall record messages at the time of their receipt, except that, if during an emergency the continued manual recording would result in delays in communication, the recording of messages may be temporarily interrupted and completed at the earliest opportunity. Section 30(3) When a record is maintained in an aircraft station, either in a radiotelephone log or elsewhere, concerning distress communications, harmful interference or interruption to communications, such a record shall be associated with information concerning the time, position and altitude of the aircraft. Section 30(4) In written logs, entries shall be made only by operators on duty except that other persons having knowledge of facts pertinent to the entries may certify in the log the accuracy of entries of the operators. Section 30(5) Superfluous marks or notations shall not be made in the log and all entries shall be complete, clear, correct...

Section 31. Establishment of radio-communication. Section 31(1) All stations shall answer calls directed to them by other stations in the Aeronautical Telecommunication Service and shall exchange communications on request. Section 31(2) All stations shall radiate the minimum power necessary to ensure a satisfactory service.

Section 32. Use of abbreviations and codes. Section 32(1) The International Aeronautical Telecommunication Service shall use abbreviations and codes whenever they are appropriate and codes their use shall shorten or facilitate communication. Section 32(2) The originator shall, if required by the Aeronautical Telecommunication Station accepting the message for transmission, make available to that station a decode for the abbreviations and codes used where abbreviations and codes other than those approved by the Authority are contained in the text of messages.

Section 33. Cancellation of messages. Section The Telecommunication Station shall cancel messages when the cancellation is authorized by the message originator.

Section 75. Composition of data link messages. Section The composition of data link messages for Aeronautical Mobile Service - data link communication shall be as specified in the Sixth Schedule to these Regulations.

Section 76. Display of data link messages. Section 76(1) Ground and airborne systems shall allow for messages to be appropriately displayed, printed when required and stored in a manner that permits timely and convenient retrieval. Section 76(2) The English language shall be displayed as a minimum whenever textual presentation is required.

Section 77. Controller Pilot Data Link Communication procedures. Section The Controller Pilot Data Link Communication procedures in aeronautical mobile service - data link communication shall be as specified in Sixth Schedule to these Regulations.

Section 34. Systems and applications used in the Aeronautical Fixed Service. Section Air Traffic Services direct speech circuits and networks;

Section 35. Material permitted in Aeronautical Fixed Services messages. Section The material permitted in Aeronautical Fixed Services messages shall be as specified in the First Schedule (1.1) to these Regulations.

Section 36. Air Traffic Services(AT5) direct speech circuits. Section ATS direct speech communications shall be as specified in the Civil Aviation (Air Traffic Services) Regulations, 2018.

Section 37. Meteorological operational channels and meteorological operational telecommunication networks.

Section 38. Categories of messages. Section distress messages (priority indicator SS) shall comprise those messages sent by mobile stations reporting that they are threatened by grave and imminent danger and all other messages relative to the immediate assistance required by the mobile station in distress;

Section 39. Service messages. Section 39(1) Service messages shall be prepared in the format specified in regulation 56. Section 39(2) In applying the provisions of First Schedule to these Regulations to service messages addressed to an Aeronautical Fixed Station identified only by a location indicator, the indicator shall be immediately followed by the ICAO three-letter designator YFY, followed by an appropriate 8th letter. Section 39(3) Service messages shall be assigned the appropriate priority indicator. Section 39(4) When service messages refer to messages previously transmitted, the priority indicator assigned shall be that used for the to which they refer. Section 39(5) Service messages correcting errors in transmission shall be addressed to all the addressees that shall have received the incorrect transmission. Section 39(6) A reply to a service message shall be addressed to the station which originated the initial service message. Section 39(7) The text of all service messages shall be concise. Section 39(8) A service message, other than one acknowledging receipt of SS messages, shall be further identified by the use of the abbreviation SVC as the first item in the text. S...

Section 40. Order of priority. Section transmission Priority 1 shall comprise of message with priority indicator SS;

Section 41. Same priority messages. Section Messages having the same priority indicator shall be transmitted in the order in which they are received for transmission.

Section 42. Routing of messages and supervision message traffic. Section Where an Aeronautical Fixed Telecommunication Networks is used, the routing of messages and supervision of message traffic shall be as specified in the Second Schedule to these Regulations.

Section 43. Failure of communications. Section Where an Aeronautical Fixed Telecommunication Networks is used and there exists a communication failure, the requirements contained in the Second Schedule to these Regulations (1.3) shall be used.

Section 44. Long term retention of Aeronautical Fixed Telecommunication Networks traffic records. Section 44(1) Aeronautical Fixed Telecommunication Network origin station shall retain for a period of at least 30 days all copies of transmitted messages in their entirety. Section 44(2) Aeronautical Fixed Telecommunication Networks destination stations shall retain, for a period of at least 30 days, a record containing the information necessary to identify all messages received and the action taken thereon. Section 44(3) Aeronautical Fixed Telecommunication Networks communication centres shall retain, for a period of at least 30 days, a record containing the information necessary to identify all messages relayed or retransmitted and the action taken.

Section 45. Short term retention of Aeronautical Fixed Telecommunication Networks traffic records. Section 45(1) Aeronautical Fixed Telecommunication Networks communication centres shall retain, for a period of at least one hour, a copy of all messages, in their entirety, retransmitted or relayed by that communication centre, except as provided in sub-regulation (2). Section 45(2) Where acknowledgement is made between Aeronautical Fixed Telecommunication Network communication centres, a relay centre shall be considered as having no further responsibility for retransmission or repetition of a message for which it has received positive acknowledgement, and it may be deleted from its records.

Section 46. Test procedures on Aeronautical Fixed Telecommunication Networks channels. Section the start-of-message signal;

Section 47. Characters of Aeronautical Fixed Telecommunication Networks messages. Section Aeronautical Fixed Telecommunication Networks messages entered by the Aeronautical Fixed Telecommunication Networks origin station shall not exceed 2 100 characters in length.