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PART 18AERONAUTICAL TELECOMMUNICATIONS SERVICE

Aeronautical telecommunications service

153.—(1) A person must not cause or permit any aeronautical telecommunication service to be established in any Territory otherwise than under and in accordance with an approval granted by the Governor to the person in charge of that aeronautical telecommunication service.

(2) The Governor must grant an approval under paragraph (1) upon being satisfied that the specified requirements are met, in particular—

(a)as to the intended purpose of the aeronautical telecommunication service;

(b)that the aeronautical telecommunication service is fit for its intended purpose; and

(c)that the person is competent to provide the aeronautical telecommunication service.

(3) Any organisation providing a flight checking service in connection with an aeronautical telecommunication system or equipment must be approved by the Governor.

(4) An approval granted under paragraph (1) may include a condition requiring the person in charge of the aeronautical telecommunication service to use a person approved by the Governor under paragraph (5) for the provision of particular services in connection with the aeronautical telecommunication service.

(5) The Governor may approve a person to provide particular services in connection with an approved aeronautical telecommunication service.

(6) The provisions of this article do not apply in respect of any aeronautical telecommunication service of which the person solely in charge is the Governor or which is provided at a military aerodrome.

Aeronautical telecommunication service records

154.—(1) The person in charge of an aeronautical telecommunication service must provide recording equipment or apparatus in accordance with paragraph (2).

(2) The person in charge of the aeronautical telecommunication service in respect of which recording equipment or apparatus is required to be provided under paragraph (1) must ensure—

(a)that the equipment or apparatus is in operation at all times when the aeronautical telecommunication service is being used in connection with the provision of a service provided for the purpose of facilitating the navigation of aircraft;

(b)that the equipment or apparatus and each record made by the equipment or apparatus complies with the specified requirements.

(3) If any equipment or apparatus required under paragraph (1) ceases to be capable of recording the matters required to be included in the records, the person required to provide that equipment or apparatus must ensure that, so far as practicable, a record is kept which complies with the specified requirements and on which the specified particulars are recorded together with, in the case of equipment or apparatus provided in compliance with paragraph (2), a summary of voice communications exchanged between the air traffic control service and any aircraft.

(4) The person in charge of any aeronautical telecommunication service must preserve any record made using the equipment or apparatus provided under paragraph (1) for 30 days from the date on which the terms or content of the message or signal were recorded or for such longer period as the Governor may in a particular case direct.

(5) A person required by this article to preserve any record by reason of being the person in charge of the aeronautical telecommunication service must, if ceasing to be in charge, continue to preserve the record in accordance with paragraph (4).

(6) The provisions of this article do not apply in respect of any aeronautical telecommunication service that is under the control of Her Majesty’s naval, military or air force or of any visiting force.