(a)
The objective of the
aeronautical telecommunications service is to ensure that the
telecommunications and radio aids to air navigation necessary for the safety,
regularity, and efficiency of air navigation.
(b)
This Part prescribes rules
governing:
(1) "Aeronautical telecommunications
systems" that includes radio navigation aids and aeronautical
communications systems.
(2) The certification and operation of Egyptian
organizations providing aeronautical telecommunication services (communications
procedures) in support of IFR flight or an air traffic service.
174.3 Definitions and abbreviations
A- Definition
Aeronautical telecommunication service means:
(a) A
telecommunication service provided to support the following services (as
defined in Annex 10, Volume II, Chapter (1);
(1) Aeronautical broadcasting service;
(2) Aeronautical fixed service (AFS); and
(3) Aeronautical mobile service.
(b) Any
other telecommunication service provided specifically to support the Egyptian
air navigation system:
Annex 10 means Annex 10 Volume 11 (up
to and including Amendment No. 76) to the Convention:
Facility means:
(a)
The following types of
communication systems for the aeronautical broadcast service (as that service
is defined in Annex 10, Volume II, Chapter 1); meteorological information for
aircraft in flight (VOLMET); and automatic terminal information service (ATIS);
(b)
The following types of
communication systems for the aeronautical fixed service (as that service is
defined in Annex 10,Volume II, Chapter 1); ATS direct speech circuits;
aeronautical fixed telecommunication network (AFTN); ground- ground data
interchange; and
(1) The ground elements of the following types of
communication systems for the aeronautical mobile service (as that service is
defined in Annex 10, Volume II, Chapter 1);HF air-ground communication; VHF
air-ground communication; and selective calling system (SELCAL); air-ground
data interchange.
174.5 Requirement for certification
(a)
No person shall provide an
aeronautical telecommunication service except under the authority of, and in
accordance with, the provisions of a telecommunication service Certificate
issued under this ECAR part.
(b)
A person who operates any
equipment that is part of an aeronautical telecommunications system referred to
in Annex 10 to the Convention shall ensure that:
(1) The system is operated in accordance with the
standards specified in Annex 10; and documentation is maintained that shows how
compliance with the standards referred to in Paragraph (a).
(2) No person shall perform a function related to
the operation of any aeronautical
(3) Telecommunication equipment unless the person
has successfully completed training.
(4) In the performance of that function and has
been certified.
174.7 Application for certification
(a) Each
applicant for the grant of a telecommunication service certification shall:
(1)
Complete the form ECAA issued
by the ECAA which requires the following information :
(i)
The applicant’s name and
address for the service in
(ii)
The specific telecommunication
service to be provided;
(iii)
The aerodrome location at, or
within which the service will be provided; and
(iv)
Such other particulars
relating to the applicant and the intended service as may be required by the
ECAA as indicated on the form.
(2)
Submit the completed form to
ECAA with:
(i)
The exposition required by
174.61; and
(ii)
Payment of the appropriate application official fee:
(b) Each
applicant shall include with the application:
(1)
For each aerodrome a schedule
of proposed hours of service for the first 12 months of operation; and
(2)
In respect of an aerodrome not
currently provided with a telecommunication service, a summary of safety
factors shall be considered before seeking certification.
An
applicant is entitled to a telecommunication service organization certificate
if:
(a)
The applicant meets the
requirements of this part;
(b)
The applicant, and the
applicant’s senior person or persons required by 174.51(a)(1) and (2) are fit
and proper persons; and
(c)
The granting of the
certificate is not contrary to the interests of aviation safety as
(AFTN/CIDIN/HF/SSB AND VOLMET).
174.11 Privileges of
certificate holder
(a)
A telecommunication service
certification specifies the types of facilities that the certificate holder is
authorized to operate.
(b)
Subject to 174.111, the holder
of a telecommunication service certificate may operate any of the facility
types listed on the holder's certificate provided that:
(1) Each facility operated is listed in the
holder's exposition; or
(2)
If the
facility is not listed in the exposition, its operation is for site test
purposes controlled by the procedures required by 174. 59.
174.13 Duration of
certification
(a)
A telecommunication service
Certification may be granted or renewed for a period of up to 5 years
(b)
A telecommunication
certificate remains in force until it expires or is suspended or revoked .
(c)
The holder of a
telecommunication certificate that expires or is revoked shall promptly
surrender the certificate to the ECAA .
(d)
The holder of a
telecommunication certificate that is suspended shall promptly produce the
certificate to the ECAA for appropriate endorsement.
Incase of the suspension of the certification:
(a)
An application for the renewal
of a telecommunication service certificate shall be made on the appropriate
application form.
(b)
The application shall be
submitted not less than 60 days before the certificate expires.
(c)
The certificate holder shall
comply with any additional conditions specified by the ECAA to renew the
certificate.
174.17 Impose a penalty, suspension
or revocation
(a) Penalties
(1) ECAA may impose a penalty (according to the Civil Aaviation Law N.28 item No. 157), or reduce some privileges to the certificate holder if:
(i)
It finds that the certificate holder does not comply with the
requirements of this Part and such holder failed to remedy such non‑compliance
within 60‑days after receiving notice in writing from ECAA to do so;
(ii) Such action is necessary in
the interest of safety;
(iii) Its inspector is prevented
by the provider from carrying out a safety inspection when his report
recommends such action; and
(iv) The certificate holder
failed to provide the service in the required standard level, which is
confirmed to ECAA by receiving reports from the users of the service and proved
by a legal investigation.
(2) When proposing a penalty,
ECAA will state the reasons for such action and will furnish them to the
certificate holder.
(c) Suspension of Certificate this is a subsequent procedure to impose a penalty:
(1)
ECAA may suspend for a defined period, an Telecommunication certificate
issued under this part if:
(i)
Subject to item 174.17 Paragraph (a), ECAA is satisfied that the
certificate holder still unable to remedy any of these non‑compliant
areas with the specified time frame of 60‑days;
(ii) The investigation, in case
of an accident, proves that it was caused due to the faulty procedures and/or
the malfunction or failure of Telecommunication equipment or system;
(iii) The certificate holder
failed to perform the action plan stated in the certificate
in the exact period of time if so stated; and
(iv) Such actions still
necessary in the interest of aviation safety.
(2) When proposing a
suspension, the ECAA will state the reasons for such action and furnish them to
the certificate holder;
(3) The certificate holder may
appeal against such notice within 30‑days or receipt;
(4) The appellant shall furnish
to ECAA any documents, records, or other pertinent information supporting the
appeal; and
(5) ECAA may confirm, modify,
or set aside the proposed suspension based on the appeal.
(d) Revocation of Certificate this is a subsequent procedure to suspension.
(1) ECAA may permanently revoke an Telecommunication unit certificates issue under this part if:
(i)
It is verified that the certificate holder will not be able termed non‑compliant
areas; or
(ii) The certificate holder
stops providing the service concerned without a convincing argument.
(2) ECAA has decided for the interest of safety to terminate services provided at this aerodrome;
(3) The Ministerial Order issued for the certificate holder is revoked; and
(4) The revoked certificate cannot be renewed, it has to be reissued not less than one year after the revocation date.
(e) Provisional
Approval
(1) ECAA may, if it
is considered in the interest of safety, grant an existing certificate holder a
provisional approval to act as a substitute Telecommunication service
provider in respect to a certificate that has been withdrawn suspended or
revoked.
(2) The
substituting provider shall follow the specified conditions and
responsibilities stated in the certificate.