Regulations Governing Aircraft Radio Stations

2020-07-07
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Article 1
These Regulations are promulgated pursuant to Paragraph 7, Article 50 of the Telecommunications Management Act (referred to as the Act hereinafter).
Article 2
These Regulations shall apply to the management of aircraft radio stations. The matters not provided herein shall be prescribed in accordance with other laws and regulations or the applicable international radio rules regarding the part of telecommunications.
Article 3
The terms adopted in these Regulations are defined as follows:
1. Civil aircraft: an aircraft that is used to perform civil air transportation, ordinary aviation and flight training, registered with the competent authority of civil aeronautics provided with an airworthiness certificate.
2. Public aircraft: an aircraft that is owned or operated by a government agency for official business; however, this does not include the military aircrafts under the control of Ministry of National Defense.
3. Aircraft radio station (referred to as radio station hereinafter): a radio station equipped on a civil or public aircraft, not including the ultra-light vehicle or drone defined in the Civil Aviation Act, that consists of radio transmitting and receiving equipment for communications during flights.
Article 4
The competent authority may delegate Civil Aeronautics Administration, Ministry of Transportation and Communications (referred to as CAA hereinafter) for the applications for approval of radio station establishment proposed by the owner or operator of a civil aircraft and the issuing and renewal of radio station license.
For the establishment of a radio station on board of a civil aircraft, the owner or operator of the aircraft shall submit the application for approval with the completed application form and the specifications of the radio equipment.
The establishment approval is valid for six months. For the failure of establishment within the deadline, an extension may be granted with justification in a month prior to the deadline. The extension is valid for six months and only one extension shall be granted.
In case that the owner or operator of a civil aircraft wishes to add additional or replace existing radio station equipment, an application for establishment approval shall be submitted together with the specifications of the radio equipment.
Article 5
On the establishment of radio station mentioned in the previous article, the owner or operator of civil aircraft shall submit the certificate of airworthiness and radio station self-checklist to CAA for issuing of radio station license. The competent authority, however, may conduct an inspection of the radio station when necessary and then renew the license after passing the inspection.
The radio station license is valid for five years. In case that a radio station is expected to be used after the radio station license expires, the owner or operator of the civil aircraft shall submit the certificate of airworthiness, a photocopy of radio station license and radio station self-checklist to CAA for the renewal of radio station license within two months from three months prior to the expiration of the existing license. The competent authority, however, may conduct an inspection of the radio station when necessary and then renew the license after passing the inspection.
Article 6
The competent authority may delegate the central government agency that supervises the associated businesses (referred to as the delegated agency hereinafter) for the applications for approval of radio station establishment proposed by the owner or operator of a public aircraft and the issuing and renewal of radio station license.
For the establishment of a radio station on board of a public aircraft, the owner or operator of the aircraft shall submit the application for approval with the completed application form and the specifications of the radio equipment.
The establishment approval is valid for six months. For the failure of establishment within the deadline, an extension may be granted with justification in a month prior to the deadline. The extension is valid for six months and only one extension shall be granted.
In case that the owner or operator of a public aircraft wishes to add additional or replace existing radio station equipment, an application for establishment approval shall be submitted together with the specifications of the radio equipment.
Article 7
On the establishment of radio station mentioned in the previous article, the owner or operator of public aircraft shall submit the radio station self-checklist to the competent authority or delegated agency for issuing of radio station license. The competent authority, however, may conduct an inspection of the radio station when necessary and then renew the license after passing the inspection.
The radio station license is valid for five years. In case that a radio station is expected to be used after the radio station license expires, the owner or operator of the public aircraft shall submit a photocopy of radio station license and radio station self-checklist to the competent authority or delegated agency for the renewal of radio station license within two months from three months prior to the expiration of the existing license. The competent authority, however, may conduct an inspection of the radio station when necessary and then renew the license after passing the inspection.
Article 8
The radio station shall operate on the frequencies announced by the competent authority.
Article 9
The following shall apply when the competent authority or delegated agency receives an application for establishment of radio station:
1. The radio station is specifically for the use of communications in flights; and
2. Operates on the frequencies announced by the competent authority.
Article 10
If the documents of the application are deemed to be incomplete or the items that should be stated are incomplete, the competent authority or delegated agency may request the correction by a given deadline. Failure to correct by the given deadline or incomplete correction will result in the rejection of application.
Article 11
The radio station specified in these Regulations is used for transmitting and receiving telecommunications related to flights only and shall not be used for any other purpose.
Article 12
The competent authority will announce the contents and formats of forms and licenses used for these Regulations, unless otherwise specified in these Regulations.
Article 13
Prior to the implementation of the Act, those that have obtained a radio station license in accordance with the Administrative Regulations on Civil Aircraft Radio Stations authorized by the Telecommunications Law, and need to continue operating the radio station after the expiration of the radio station licenses, shall apply for license renewal in accordance with Article 5 or 7 within two months from three months prior to the expiration of the existing license.
Article 14
These Regulations shall be implemented on July 1, 2020.