NEW ZEALAND GAZETTE, No. 86 — 29 SEPTEMBER 2016

6. General conditions applying to all transmissions under this licence—

7. A person may, in accordance with the provisions of this notice, operate aeronautical radio transmitters, including portable radio transmitters and on-board aircraft transmitters (but not including fixed or repeater transmitters), for the purposes of:
   a. the safe and expeditious conduct of civil aviation;
   b. an emergency;
   c. a matter that relates to the particular occupation, industry or activity in which an aircraft is engaged; or
   d. providing telecommunications services to passengers of aircraft.

8. In accordance with the provisions of Articles 19 and 37 of the International Radio Regulations, a person operating an aeronautical service transmitter must:
   a. except as provided in Note 1, use the aeronautical identification allocated by the chief executive; and
   b. be the holder of an applicable operator’s certificate of competency issued in accordance with the Radiocommunications Regulations 2001.

9. In accordance with the provisions of Schedule 1 of the Act, a person operating a transmitter pursuant to this licence must also comply with all relevant provisions of the Civil Aviation Act 1990, and regulations and rules made under that Act.

10. Transmitters not required to be registered pursuant to the Civil Aviation Act 1990 must conform to technical standards as prescribed in notices made under Regulation 32(1)(b) of the Regulations.

11. Frequency use is on a shared basis and the chief executive does not accept liability under any circumstances for any loss or damage of any kind occasioned by the unavailability of frequencies or interference to reception.

12. Should interference occur to services licensed pursuant to a radio licence or a spectrum licence, the chief executive reserves the right to require and ensure that any transmission or any emission pursuant to this General User Radio Licence change frequency, reduce power or cease operation.

13. Words and expressions that are defined in:
    a. The Radiocommunications Act 1989, and the Radiocommunications Regulations 2001 and notices made under the Act;
    b. the International Radio Regulations; and
    c. annex 10 to the Convention on International Civil Aviation (ICAO),
    have the meanings so defined.

Note 1: Aeronautical identifications for most aircraft are allocated directly by the Civil Aviation Authority (CAA).

7. Consequential revocation of licence—
   (1) The Radiocommunications (General User Radio Licence for Aeronautical Purposes) Notice 2005, dated 20 June 2005 and published in the New Zealand Gazette, 23 June 2005, No. 94, page 2246, is revoked.

   (2) Notwithstanding the revocation of the notice under subsection (1), every transmitter capable of making transmissions compliant with the requirements of that notice on the commencement date of this notice is deemed to be compliant with the requirements of this notice.

Dated at Wellington this 27th day of September 2016.

JEFFREY DENNIS HICKS, Manager, Radio Spectrum Management Licensing, Ministry of Business, Innovation and Employment.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice:

a. adds a new provision in the frequency range 29.5 – 30 GHz for the use of satellite uplink transmission by aircraft earth station in line with the definition of Earth Station in Motion (ESIM); and

b. permits the frequency range of 4.2 – 4.4 GHz for shared use between radio altimeter and Wireless Avionics Intra-Communication (WAIC) applications.