119. Certification
of communication, navigation and surveillance equipment or air traffic
management facilities.– (1) No person shall permit or cause to be permitted
any communication, navigation and surveillance of air traffic management
equipment facility to be established or used unless it has been certified by
the Director-General:
Provided that
the Director-General may approve a facility for temporary use subject to such
conditions as he may deem fit to impose, for the purpose of operation of air
traffic services or aircraft operation or navigation in the event of national
crisis, natural calamities, emergencies or otherwise requiring operation of
such facilities:
Provided further
that any person already permitted and operating communication, navigation, surveillance
or air traffic management facility at an aeronautical telecommunication station
before the commencement of these rules may continue operation of such services
till he obtains the certificate from the Director-General by the date to be
notified by the Central Government.
(2) This rule shall not
apply in respect of any communication, navigation, surveillance or air traffic
management facility, whose establishment and operation –
(a) is under
the control of military authorities and is primarily for the military use;
(b) is for testing purposes and not used for supporting air
traffic services or not used for aircraft operation or navigation.
(3) Nothing in this
rule shall exempt any person from the provisions of the Indian Telegraph Act,
1885 (13 of 1885) and the rules made thereunder for
establishment and operation of communication, navigation, surveillance or air
traffic management facility for air traffic services and aircraft operation at
an aeronautical telecommunication station.
[Inserted
by – GSR No. 31(E) dated 14-1-2015]