General Authorisations (Radiocommunications Apparatus)

L.N. 292 of 2008

RADIOCOMMUNICATIONS ACT

(CAP. 49)

General Authorisations (Radiocommunications Apparatus)

(Amendment) Regulations, 2008

IN exercise of the powers conferred upon him by article 19 of the

Radiocommunications Act, the Minister for Infrastructure, Transport

and Communications, after consultation with the Malta Communications

Authority, has made the following regulations

(1) The title of these regulations is the General Authorisations Citation and coming

into force.

(Radiocommunications Apparatus) (Amendment) Regulations,2008,

and they shall be read and construed as one with the General

Authorisations (Radiocommunications Apparatus) Regulations, 2008, L.N. 7 of 2008.

hereinafter referred to as “the principal regulations”.

(2) These regulations shall come into force on the 6 th

October, 2008.

Regulation 2(2) of the principal regulations shall be amended Amends regulation

2 of the principal

as follows>

regulations.

(a) immediately after the definition “Directive 98#34#EC”

there shall be added the following new definition>

“ “Directive 1999#5#EC” means Directive 1999#5#EC of

the European Parliament and of the Council on Radio

Equipment and Telecommunications Terminal Equipment and

the mutual recognition of their conformity”<

(b) immediately after the definition “EAS” there shall be

added the following new definition>

“ “EASA” means the European Aviation Safety

Agency<” and

(c) immediately after the definition “ultra high frequency”

there shall be added the following new definition>

“undertaking” means a person authorised to provide electronic

communications networks and, or services or associated facilities

in accordance with the Electronic Communications (Regulation)

Act<”.

In regulation 6(2) of the principal regulations for the words

“that the Minister may from time to time issue” there shall be substituted

the words “as may be applicable.”

Immediately after the Fourteenth Schedule to the principal

regulations, there shall be added the following new Schedule>

“FIFTEENTH SCHEDULE

(Regulation 3)

General Authorisation for Apparatus for Mobile Communication

Services on Aircraft

1. This General Authorisation applies to apparatus for mobile

communication services on aircraft which is described in Table 1 of the

Annex to this Schedule.

In this Schedule unless the context otherwise requires>

2. “Aircraft base station transceiver” or “aircraft BTS” means

one or more mobile communication stations located in the aircraft

supporting the frequency bands and systems specified in Table 1

of the Annex to this Schedule<

“Apparatus for Mobile Communication Services on Aircraft”

means apparatus for radiocommunications, providing mobile

communication services on aircraft<

“EN 302 480” means a harmonised standard being a

Harmonised EN for the GSM onboard aircraft system covering the

essential requirements of Article 3.2 of Directive 1999#5#EC<

“EN 301 502” means a harmonised standard being a

Harmonised EN for the Global System for mobile communications

(GSM)< Base Station and Repeater equipment covering the essential

requirements under Article 3.2 of Directive 1999#5#EC<

“EN 301 511” means a harmonised standard being a

Harmonised EN for mobile stations in the GSM 900 and GSM

1800 bands covering the essential requirements of Article 3.2 of

the Directive 1999#5#EC<

“MCA Services Decision” means the decision of the European

Commission on harmonised conditions of spectrum use for the

operation of mobile communication services on aircraft (MCA

services) in the Community, 2008#294#EC<

“Mobile Communication Services on Aircraft” or “MCA

Services” means an electronic communication service as defined

in Article 2 of the Electronic Communications (Regulation) Act Cap. 339.

provided by an undertaking to enable airline passengers to use

public communication networks during the flight without

establishing direct connections with terrestrial mobile networks<

“Network Control Unit” or “NCU” means equipment located

in the aircraft which prevents direct connection of the onboard

mobile terminals with the terrestrially based mobile networks listed

in Table 2 of the Annex to this Schedule.

3. This Schedule only applies within the jurisdiction of Malta Jurisdiction.

and its airspace and is subject to any approval of EASA as may from

time to time be applicable in relation to apparatus, in flight operation

and the use of mobile terminals.

4. (1) Apparatus for Mobile Communication Services on Minimum Technical

Parameters.

Aircraft shall operate on the frequency bands and it shall be compliant

with the standards or equivalent specifications, listed in Table 1 of the

Annex to this Schedule.

(2) The minimum technical parameters of Apparatus for

Mobile Communication Services on Aircraft shall be those specified in

the Annex to this Schedule.

(1) Transmissions from Apparatus for Mobile Conformity with

Communication Services on Aircraft are only allowed when the aircraft requirements.

is at the height specified in the Annex to this Schedule.

(2) MCA Services may be provided only if they fulfil air

safety requirements in accordance with the appropriate airworthiness

certification and other relevant aeronautical requirements.

(3) Apparatus for Mobile Communications on Aircraft shall

be in conformity with any other condition contained in the MCA Services

Decision.

(1) The operation of apparatus for Mobile Communications Operation of

on Aircraft shall be immediately terminated should any malfunction apparatus.

occur.

(2) Malfunctioning apparatus for Mobile Communications

on Aircraft shall be disabled for the remainder of the flight and may not

be used again until it is fully certified by the competent authorities as

being in conformity with these Regulations and the MCA Services

Decision, and is operating correctly.

Without prejudice to the other provisions contained in these

Regulations, if an authorised officer has reasonable grounds to suspect

that there is non-conformity with these Regulations, he may at any time

inspect any apparatus for Mobile Communication Services on Aircraft

at the expense of the person or undertaking in possession or in control

of the apparatus in question.

Prior to operating any apparatus intended to provide an MCA

service, an operator shall obtain all approvals, authorisations or licences,

however so described, as may be necessary at law.