Kenyan legislation

The Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations, 2025

Edition: 2026-03-25 · In force

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Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations, 2025.

2. Interpretation

In these Regulations, unless the context otherwise requires—“aeronautical information publication (AIP)” means publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation;“air navigation services” means air traffic services, communication, navigation and surveillance, and aeronautical information services;“air navigation services facility” means any facility used, available for use, or designed for use in aid of navigation of aircraft, including airports, landing fields, any structures, mechanisms, lights, beacons, marks, communicating systems, or other instruments or devices used or useful as an aid to the safe taking off, navigation, and landing of aircraft and any combination of such facilities;“air navigation services provider” means an independent entity established for the purpose of operating and managing air navigation services and empowered to manage and use the revenues it generated to cover its costs;“alternative means of communication” means a means of communication provided with equal status, and in addition to the primary means;“ATSEP” means Air Traffic Safety Electronics Personnel;“Authority” has the meaning assigned to it under section 2 of the Act;“C2 Link” means the data link between the remotely piloted aircraft and the remote pilot station for the purposes of managing the flight;“CNS” means communications, navigation and surveillance activities;“double channel simplex” means Simplex using two frequency channels, one in each direction;“duplex” means a method in which telecommunication between two stations can take place in both directions simultaneously;“frequency channel” means a continuous portion of the frequency spectrum appropriate for a transmission utilising a specified class of emission;“offset frequency simplex” means a variation of single channel Simplex wherein telecommunication between two stations is effected by using in each direction frequencies that are intentionally slightly different but contained within a portion of the spectrum allotted for the operation;“operational control communications” means communications required for the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of the safety of the aircraft and the regularity and efficiency of a flight;“primary means of communication” means the means of communication to be adopted normally by aircraft and ground stations as a first choice where alternative means of communication exist;“Notice to airmen (NOTAM)” means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned;“Remote Pilot Station (RPS)” means the component of the remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft;“Remotely Piloted Aircraft (RPA)” means an unmanned aircraft which is piloted from a remote pilot station;“Remotely Piloted Aircraft System (RPAS)” means a remotely piloted aircraft, its associated remote pilot station, the required C2 Link and any other component as specified in the type design;“simplex” means a method in which telecommunication between two stations takes place in one direction at a time;“single channel simplex” means a simplex using the same frequency channel in each direction;“Tribunal” has the meaning assigned to it under section 2 of the Act;“very high frequency digital link” means a constituent mobile sub-network of the aeronautical telecommunication network, operating in the aeronautical mobile of Very High Frequency band;Note: Very High Frequency digital link may provide non-Aeronautical Telecommunications Network (ATN) functions such as digitized voice.

3. Application

(1)These Regulations shall apply to a person providing communication, navigation and surveillance services within designated air spaces and at aerodromes.

(2)These Regulations shall not apply to a person providing communication, navigation and surveillance services to state aircraft.

Part II – GENERAL REQUIREMENTS FOR PROVISION OF COMMUNICATION, NAVIGATION AND SURVEILLANCE SERVICES

4. Requirements for Communication, Navigation and Surveillance Facilities

The minimum requirements for planning, installation, commissioning, training, operations and maintenance of the Communications, Navigation and Surveillance (CNS) facilities shall be in accordance with—

(a)these Regulations;

(b)the requirements of the Manual of Implementing Standards (CNS); and

(c)the Manual of Operations as provided for in regulation 13.

5. Certification of Air navigation services Provider

A person who wishes to provide air navigation services or operate a facility to support an air traffic service shall have an air navigation services provider certificate issued in accordance with the Civil Aviation (Certification of Air Navigation Services Providers) Regulations.

6. Approval requirement

(1)A person shall not provide air navigation services or operate communication, navigation and surveillance facilities or systems in the designated airspace and aerodromes unless the facilities or systems have been approved by the Authority.

(2)A CNS provider shall notify the Authority of its intention to procure, install, use, decommission, upgrade or relocate any communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes not less than thirty days prior to commencement of the process.

(3)The Authority may approve installation, use, decommissioning, upgrading or relocation of all the communication, navigation and surveillance facility or facilities in the designated airspace and aerodromes.

7. Inspections and Audits

(1)The Authority shall carry out safety inspections and audits on communication, navigation and surveillance facilities, documents and records of the communication, navigation and surveillance facilities to determine compliance in accordance with these Regulations.

(2)An inspector of the Authority shall have unrestricted access to the facilities, installations, records and documents of the service provider to determine compliance with these Regulations and required procedures.

8. Siting and Installation

(1)A CNS provider shall—

(a)establish procedures to ensure that the communication, navigation and surveillance systems—

(i)are operated, maintained, available and reliable in accordance with the requirements as may be specified by the Authority;

(ii)are designed to meet the applicable operational specification for that facility;

(iii)are installed and commissioned as required by the Authority; and

(iv)conform to the applicable system characteristics and specification standards specified by the Authority;

(b)determine the site for installation of a new facility based on operational requirements, construction aspects and maintainability.

(2)The facilities in subregulation (1) shall be installed by air traffic safety electronics personnel who are fully qualified in air navigation facilities and who have knowledge of the operations, testing, and maintenance of the communication, navigation and surveillance facilities.

9. Commissioning Requirement

A CNS provider shall—

(a)establish procedures to ensure that each new facility is—

(i)commissioned to meet the specifications for that facility; and

(ii)in compliance with applicable standards;

(b)ensure that the system performance of the new facility has been validated by the necessary tests, and that all parties involved with the operations and maintenance of the facility, including its maintenance contractors have accepted and are satisfied with the results of the tests; and

(c)ensure that procedures include documentation of tests conducted on the facility prior to the commissioning, including those that test the compliance of the facility with the applicable standards and any flight check required.

10. Availability and Reliability of CNS facilities

(1)A CNS provider shall be responsible for the provision of communication, navigation and surveillance services and facilities to ensure that the telecommunication information and data necessary for the safe, regular and efficient operation of air navigation is available.

(2)The functional specification of each of the CNS provider’s telecommunication services shall include the following values or characteristics for each service—

(a)availability;

(b)reliability;

(c)accuracy;

(d)integrity;

(e)mean time between failure; and

(f)mean time to repair.

(3)The values provided in subregulation (2) shall be derived or measured from either or both of—

(a)the configuration of each service; and

(b)the known performance of each service.

(4)A CNS provider shall describe in the operations manual the method used to calculate each of the values.

(5)For a radio navigation service, the integrity values or characteristics shall be given for each kind of navigation aid facility that forms part of the service.

(6)The performance of technical facilities shall be monitored, reviewed and reported in accordance with these Regulations.

(7)A CNS provider shall ensure that a facility is installed with main and standby power supply and adequate air conditioning to ensure continuity of operation appropriate to the service being provided.

11. Interface arrangement for support services

A CNS provider shall formalise interface arrangements where applicable with external organizations in the form of service level agreements, detailing the following—

(a)interface and functional specifications of the support service;

(b)service level of the support service such as availability, accuracy, integrity and recovery time of failure of service; and

(c)monitoring and reporting of the operational status of the service to the service provider.

12. Record keeping and documentation

(1)A CNS provider shall—

(a)hold copies of relevant equipment manuals, technical standards, practices, instructions, maintenance procedures, site logbooks, systems backup data, equipment and test gear inventory and any other documentation that are necessary for the provision and operation of the facility;

(b)establish a procedure for the control of the documentation required under these Regulations;

(c)keep records under the control of the relevant key personnel; and

(d)control access to the records system to ensure appropriate security.

(2)A CNS provider shall ensure that data and voice for air navigation service operational systems are recorded continuously and procedures established for the retention and utilization of these recordings for analysis.

(3)A CNS provider shall maintain all documents and records which are necessary for the operation and maintenance of the service and make available copies of these documents to personnel where required.

(4)The documents under subregulation (3) shall include—

(a)a copy of these Regulations;

(b)the CNS provider’s operations manual;

(c)International Civil Aviation Organization Annex 10 Volumes I to V, International Civil Aviation Organization Doc 8071 - Manual on Testing of Radio Navigation Aids, and other relevant International Civil Aviation Organization documents;

(d)records of malfunction and safety;

(e)records of internal audit reports;

(f)agreements with other organisations;

(g)records of investigation into serious incidents;

(h)records of staff deployment, duty and leave rosters;

(i)records of equipment spares;

(j)records of job description, training programme and plan of each staff member; and

(k)all related air navigation service technical standards and technical guidance material developed by the Authority.

(5)A document retained under this regulation shall be retained for at least three years if paper based and one hundred and eighty days if computer based.

(6)The CNS provider shall establish a process for the authorization and amendment of the documents under this regulation to ensure that they are constantly updated and ensure that—

(a)the currency of the documentation can be readily determined;

(b)amendments to the documentation are controlled in accordance with established quality management principles;

(c)only current versions of documents are available; and

(d)the person authorising the creation and any revision is identified.

(7)A CNS provider shall ensure that where documents are held as computer-based records and where paper copies of computer-based records are made, they are subjected to the same control as paper documents.

(8)A CNS provider shall establish procedures to identify, collect, index, store, maintain, and dispose records covering—

(a)the performance and maintenance history of each facility;

(b)the establishment of the periodic test programmes for each facility;

(c)each item of test equipment required for the measurement of critical performance parameters;

(d)each reported or detected facility malfunction;

(e)each internal quality assurance review; and

(f)each person who is authorised to place facilities into operational service.

13. Operations manual

(1)A CNS provider shall develop an operations manual that demonstrates the provider’s compliance with these Regulations.

(2)The contents of the operations manual shall include—

(a)the information required of the provider in accordance with these Regulations;

(b)an organization chart of the provider and its maintenance contractors, if any, that shows the position of each personnel and the name, qualification, experience, duties and responsibilities of personnel who are responsible for ensuring the compliance of the organisation with the requirements provided under these Regulations;

(c)an overall operation and maintenance plan for the aeronautical telecommunication service, and for each facility, an operation and maintenance plan, as provided under these Regulations;

(d)for each facility, information of the facility’s compliance with these Regulations and the applicable aeronautical telecommunication standards; and

(e)the system performance target of each facility, such as its availability and reliability.

(3)The operations manual shall consist of a main manual covering the main areas that need to be addressed, as well as separate supporting documents and manuals (such as the operation and maintenance plan of each facility) that are referred to in the main manual.

(4)The CNS provider shall control the distribution of the operations manual and ensure that it is amended whenever necessary to maintain the accuracy of the information in the operations manual and to keep its contents up to date.

(5)A CNS provider shall develop an operation and maintenance plan for each facility which shall include—

(a)a procedure for the periodic inspection and testing of each facility to verify that it meets the operational and performance specifications of the facility;

(b)details of flight test, if necessary, including the standards and procedures to be used and flight test interval, which shall be in compliance with the guidelines specified by the Authority;

(c)the interval between period inspections and flight tests and the basis for such intervals and any change in the intervals, the reasons for such change shall be documented;

(d)the operation and maintenance instructions for each facility;

(e)an analysis of the number of personnel required to operate and maintain each facility taking into account the workload required;

(f)the corrective plan and procedures for each facility, including whether the repair of modules and component are undertaken in-house or by equipment manufacturers and the spare support for each facility; and

(g)the maintenance plan or the operating and maintenance instructions for each facility shall specify the test equipment requirements for all levels of operation and maintenance undertaken.

14. Periodic inspection, testing and security of CNS facilities

(1)A CNS provider shall establish a procedure for the periodic inspection and testing of the communication, navigation and surveillance systems to verify that each facility meets the applicable operational requirements and performance specifications for that facility.

(2)A CNS provider shall ensure that—

(a)appropriate inspection, measuring and test equipment are available for staff to maintain the operation of each facility;

(b)the control, calibration and maintenance of such equipment so that they have the precision and accuracy necessary for the measurements and tests to be performed.

(3)Periodic inspection shall include—

(a)security of the facility and site;

(b)adherence to the approved maintenance programme;

(c)upkeep of the equipment, building, site and site services; and

(d)adequacy of facility records and documentation.

(4)The CNS provider shall implement the security programme for the communication, navigation and surveillance systems in line with the ANSP’s security procedures manual as contained in the Civil Aviation (Certification of Air Navigation Service Providers) Regulations.

(5)The security programme required under subregulation (4) shall specify the physical security requirements, practices, and procedures to be followed for the purposes of minimizing the risk of destruction of, damage to, or interference with the operation of communication, navigation and surveillance facility.

(6)A CNS provider shall undertake a test transmission if—

(a)the transmission is necessary to test a service, facility or equipment;

(b)within a reasonable time before commencing the transmission, the users have been informed about the transmission;

(c)at the commencement of the transmission, the service provider identifies the transmission as a test transmission; and

(d)the transmission contains information identifying it as a test transmission.

(7)A CNS provider shall ensure that—

(a)communication navigation and surveillance systems and services are protected against service attacks to a level consistent with the application service requirements;

(b)all end-systems supporting air navigation security services shall be capable of authenticating the identity of peer end-systems, authenticating the source of messages and ensuring the data integrity of the messages;

(c)strategies and best practices on the protection of critical information and communications technology systems used for civil aviation purposes are developed and implemented;

(d)policies are established to ensure that, for critical aviation systems—

(i)system architectures are secure by design;

(ii)systems are resilient;

(iii)methods for data transfer are secured, ensuring integrity and confidentiality of data;

(iv)system monitoring, incident detection and reporting methods, are implemented; and

(v)forensic analysis of cyber incidents is carried out.

15. Flight inspection and facility check after accident or incident

A CNS provider shall—

(a)ensure that radio navigation aids are available for use by aircraft engaged in air navigation and that the radio navigation aids are subjected to periodic ground and flight inspections;

(b)establish a procedure to check and accurately record the operating condition of any communication, navigation and surveillance facility that may have been used by an aircraft that is involved in an accident or incident.

16. CNS personnel training and other requirements

(1)A CNS provider shall—

(a)ensure that it employs sufficient number of personnel who possess the skills and competencies required in the provision of the aeronautical telecommunication service;

(b)provide in the manual of air navigation services operations an analysis of the personnel required to perform the Communication Navigation and surveillance services for each facility taking into account the duties and workload required;

(c)develop job descriptions for each of its staff that depict the job purpose, key responsibilities, and outcome to be achieved of each staff;

(d)develop an overall training policy and programme for the organization that shall lay down;

(e)designate an officer in-charge of training and/or on-the-job training at the operational stations;

(f)maintain individual training records for each of its staff;

(g)conduct an annual review of the training plan for each staff at the beginning of the year to identify any gaps in competency and changes in training requirement and prioritize the type of training required for the coming year; and

(h)ensure that the training requirements of these Regulations are similarly applied to its maintenance contractors, if any.

(2)The on-the-job training officer designated under subregulation (1)(e) shall have satisfactorily completed the on-the-job training instructional techniques course.

(3)A person shall not perform a function related to the installation, training, operation or maintenance of any communication, navigation and a surveillance system unless—

(a)the person has successfully completed training in the performance of that function in line with the air traffic safety electronics personnel competency based training requirements;

(b)a CNS provider is satisfied that the technical person is competent in performing that function; and

(c)that person has been certified in accordance with requirements of the applicable Civil Aviation Regulations.

17. Radio frequency management and interference reporting

A CNS provider shall—

(a)establish a procedure for the management and protection of aeronautical radio spectrum;

(b)designate an appropriate person to control any frequency allocation within the aeronautical radio spectrum to ensure that there shall be no conflict and interference to any radio stations or facility;

(c)ensure that there is no willful transmission of unnecessary or anonymous radio signals, messages or data by any of its radio stations;

(d)establish procedures with the communication authority to address occurrence of radio frequency interference;

(e)ensure that any frequency interference occurrences are reported, investigated and follow-up actions taken to prevent recurrence;

(f)keep updated records of all allocated frequencies; and

(g)ensure that no facility providing radio signals for the purpose of aviation safety shall be allowed to continue in operation, if there is a suspicion or any cause to suspect that the information being provided by that facility is erroneous.

18. Facility malfunction incident and operational status of CNS systems

(1)A CNS provider shall establish procedures for the reporting, collection and notification of facility malfunction incidents and safety incidents.

(2)The procedures under subregulation (1) shall be documented in the manual of air navigation services operations.

(3)A CNS provider shall compile reports of incidents and review such reports periodically with its maintenance contractors to—

(a)determine the cause of the incidents and determine any adverse trends;

(b)implement corrective and preventive actions where necessary to prevent recurrence of the incidents; and

(c)implement any measures to improve the safety performance of the aeronautical telecommunication service.

(4)A CNS provider shall—

(a)report any serious service failure or safety incident to the Authority and investigate such incidents in order to establish how and why the incident happened, including possible organizational contributing factors and to recommend actions to prevent a recurrence; and

(b)ensure that information on the operational status of each communication, navigation and surveillance facility that is essential for the enroute, approach, landing, and take-off phases of flight is provided to meet the operational needs of the service being provided.

19. Proficiency certification program

(1)A CNS provider shall develop proficiency certification programs for air traffic safety electronics personnel (ATSEP) engaged in the installation, training, operations and maintenance of Communication, Navigation and Surveillance systems in accordance with the applicable Civil Aviation Regulations.

(2)The Authority shall certify air traffic safety electronics personnel involved in the installation, training, operations and maintenance of Communication, Navigation and Surveillance systems in accordance with the applicable Civil Aviation Regulations.

20. Safety case, notification of Aeronautical facility status and interruption to service

(1)A CNS provider shall ensure that for safety critical systems, including automated air traffic control systems, communication systems and instrument landing systems, the commissioning of such systems shall include the conduct of a safety case or equivalent.

(2)A CNS provider shall ensure that human factors principles are observed in the design, operations and maintenance of aeronautical telecommunication facilities.

(3)A CNS provider shall, as soon as possible—

(a)forward to the Aeronautical Information Services—

(i)information on the operational details of any new facility for publication in the Aeronautical Information Publication; and

(ii)information concerning any change in the operational status of any existing facility, for the issue of a Notice to Airmen;

(b)ensure that the information forwarded under paragraph (a) has been accurately published.

(4)A CNS provider shall—

(a)establish a procedure to be used in the event of interruption to or when upgrading communication, navigation and surveillance systems;

(b)specify an acceptable recovery time for each service.

Part III – DISTRESS FREQUENCIES

21. Frequencies for emergency locator transmitters for search and rescue

All emergency locator transmitters carried in in accordance with the applicable Operations of Aircraft Regulations and shall operate on both 406 Megahertz and 121.5 Megahertz.

22. Search and rescue frequencies

(1)The frequencies 3 023 kilohertz and 5 680 kilohertz shall be employed where there is a requirement for the use of high frequencies for search and rescue scene of action coordination purposes.

(2)Where specific frequencies are required for communication between rescue coordination centres and aircraft engaged in search and rescue operations, they shall be selected regionally from the appropriate aeronautical mobile frequency bands in light of the nature of the provisions made for the establishment of search and rescue aircraft.

Part IV – UTILIZATION OF FREQUENCIES BELOW 30 MEGAHERTZ

23. Method of operations

In the aeronautical mobile service, single channel Simplex shall be used in radiotelephone communications utilizing radio frequencies below 30 Megahertz in the bands allocated exclusively to the aeronautical mobile (R) service.

24. Assignment of single sideband channels

Single sideband channels shall be assigned in accordance with provisions of the First Schedule to these Regulations and the Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations.

25. Assignment of frequencies for aeronautical Operational control communications

Assignment of frequencies for aeronautical Operational control communications shall be in accordance with the provisions of paragraph 1.2 of the First Schedule.

26. Non-directional beacon frequency management

(1)Non-directional beacon frequency management shall take into account the following—

(a)the interference protection required at the edge of the rated coverage;

(b)the application of the figures shown for typical automatic direction finder equipment;

(c)the geographical spacings and the respective rated coverages; and

(d)the possibility of interference from spurious radiation generated by non-aeronautical sources.

(2)To alleviate frequency congestion problems at locations where two separate instrument landing system facilities serve opposite ends of a single runway, the assignment of a common frequency to both of the outer locators and the assignment of a common frequency to both of the inner locators shall be permitted, Provided that—

(a)the operational circumstances permit;

(b)each locator is assigned a different identification signal; and

(c)arrangements are made whereby locators using the same frequency cannot radiate simultaneously.

Part V – UTILIZATION OF FREQUENCIES ABOVE 30 MEGAHERTZ (MHz)

27. General allotment of frequency band 117.975 - 137.000 Megahertz

The block allotment of the frequency band 117.975 – 137.000 Megahertz shall be as specified in Table 1-1 in the Second Schedule.

28. Frequency separation and limits of assignable frequencies

(1)The lowest assignable frequency shall be 118.000 Megahertz and the highest 136.975 Megahertz in the frequency band 117.975 – 137.000 Megahertz.

(2)The minimum separation between assignable frequencies in the aeronautical mobile (R) service shall be 8.33 kilohertz.

(3)Requirements for mandatory carriage of equipment specifically designed for 8.33 kilohertz channel spacing shall be made on the basis of regional air navigation agreements which specify the airspace of operation and the implementation timescales for the carriage of equipment, including the appropriate lead time.

(4)Requirements for mandatory carriage of equipment specifically designed for very high frequency digital link Mode 2, very high frequency digital link Mode 3 and very high frequency digital link Mode 4 shall be made on the basis of regional air navigation agreements which specify the airspace of operation and the implementation timescales for the carriage of equipment, including the appropriate lead time.

(5)The agreement indicated in subregulation (4) shall provide at least two years’ notice of mandatory carriage of airborne systems.

(6)In regions where 25 kilohertz channel spacing (double sideband amplitude modulation and very high frequency Digital Link) and 8.33 kilohertz double sideband amplitude modulation channel spacing are in operation, the publication of the assigned frequency or channel of operation shall conform to the channel contained in Table 1-2 of the Second Schedule.

29. Frequencies used for particular functions

(1)The emergency channel, 121.500 Megahertz, shall be used only for genuine emergency purposes, as outlined in the following—

(a)to provide a clear channel between aircraft in distress or emergency and a ground station when the normal channels are being utilized for other aircraft;

(b)to provide a very high frequency communication channel between aircraft and aerodromes, not normally used by international air services, in case of an emergency condition arising;

(c)to provide a common very high frequency communication channel between aircraft, either civil or military, and between such aircraft, and surface services, involved in common search and rescue operations, prior to changing when necessary to the appropriate frequency;

(d)to provide air-ground communication with aircraft when airborne equipment failure prevents the use of the regular channels;

(e)to provide a channel for the operation of emergency locator transmitters, and for communication between survival craft and aircraft engaged in search and rescue operations; and

(f)to provide a common very high frequency channel for communication between civil aircraft and intercepting aircraft or intercept control units and between civil or intercepting aircraft and air traffic services units in the event of interception of the civil aircraft.

(2)The frequency 121.500 Megahertz shall be provided at—

(a)all area control and flight information centres;

(b)aerodrome control towers, approach control offices serving international aerodromes and international alternate aerodromes; and

(c)any additional location designated by the appropriate air transport safety authority, where the provision of that frequency is considered necessary to ensure immediate reception of distress calls or to serve the purposes specified in subregulation (1).

(3)The frequency 121.500 Megahertz shall be available to intercept control units where considered necessary for the purpose specified in subregulation (1) (f).

(4)The emergency channel shall be guarded continuously during the hours of service of the units at which it is installed.

(5)The emergency channel shall be guarded on a single channel Simplex operation basis.

(6)The emergency channel (121.500 Megahertz) shall be available only with the characteristics as contained in the Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations.

(7)An air-to-air very high frequency communications channel on the frequency of 123.450 Megahertz shall be designated to enable aircraft engaged in flights over remote and oceanic areas out of range of very high frequency ground stations to exchange necessary operational information and to facilitate the resolution of operational problems.

(8)In remote and oceanic areas out of range of very high frequency ground stations, the air-to-air very high frequency communications channel on the frequency 123.450 Megahertz shall be available only with the characteristics as specified in the Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations.

30. Common signalling channel VHF digital link Mode

(1)The frequency 136.975 MHz shall be reserved to provide a common signalling channel (CSC) to the VHF digital link Mode 2 (VDL Mode 2).

(2)In areas where very high frequency digital link Mode 4 is implemented, the frequencies 136.925 Megahertz and 113.250 Megahertz shall be provided as common signaling channels to the very high frequency digital link Mode 4.

31. Auxiliary frequencies for search and rescue operations

(1)Where a requirement is established for the use of a frequency auxiliary to 121.500 Megahertz as provided in regulation 29(1)(c), the frequency 123.100 Megahertz shall be used.

(2)The auxiliary search and rescue channel 123.100 Megahertz shall be available only with the characteristics as specified in Civil Aviation (Surveillance and Collision Avoidance Systems) Regulations.

32. Provisions concerning the deployment of VHF frequencies and the avoidance of harmful interference

The provisions concerning the deployment of very high frequency (VHF) frequencies and the avoidance of harmful interference shall be as specified in the Third Schedule.

33. Method of operation

(1)Single channel Simplex operation shall be used in the frequency band 117.975 – 137 Megahertz at all stations providing service for aircraft engaged in international air navigation.

(2)In addition to subregulation (1), the ground-to-air voice channel associated with a standard radio navigational aid shall be used, subject to regional agreement, for broadcast or communication purposes or both.

34. Plan of assignable VHF radio frequencies for use in the International aeronautical mobile service

(1)The frequencies in the band 117.975 – 137.000 Megahertz for use in the aeronautical mobile (R) service shall be selected from the lists specified in the Fourth Schedule.

(2)The Frequencies for operational control communications required to enable aircraft operating agencies meet the obligations contained in the applicable Operation of Aircraft Regulations shall be selected from a dedicated band which is determined regionally.

(3)The frequencies allotted for use in the aeronautical mobile (R) service in a particular region shall be limited to the number determined as being necessary for operational needs in the region.

35. Utilization in the band 108 – 117.975 Megahertz

The block allotment of the frequency band 108 – 117.975 Megahertz shall be as follows—

(a)for band 108 – 111.975 Megahertz—

(i)instrument landing system in accordance with subregulation (2) and the Civil Aviation (Radio Navigation Aids) Regulations;

(ii)very high-frequency omnidirectional range, provided that—

(aa)no harmful adjacent channel interference is caused to instrument landing system;

(bb)only frequencies ending in either even tenths or even tenths plus a twentieth of a megahertz are used;

(cc)Global Navigation Satellite Systems ground-based augmentation system in accordance with Civil Aviation (Radio Navigation Aids) Regulations 0 provided that no harmful interference is caused to Instrument Landing System and very high frequency Omni-directional Range;

(b)for band 111.975 – 117.975 Megahertz—

(i)very high frequency Omni-directional Range;

(ii)Global Navigation Satellite Systems ground-based augmentation system in accordance with Civil Aviation (Radio Navigation Aids) Regulations, provided that no harmful interference is caused to very high frequency Omni-directional Range.

36. Regional assignment planning

(1)The frequencies for instrument landing system facilities for regional assignment planning shall be selected in the following order—

(a)localizer channels ending in odd tenths of a megahertz and their associated glide path channels; and

(b)localizer channels ending in odd tenths plus a twentieth of a megahertz and their associated glide path channels.

(2)Instrument landing system channels identified by localizer frequencies ending in an odd tenth plus one twentieth of a megahertz in the band 108 – 111.975 Megahertz shall be permitted to be utilized on the basis of regional agreement.

(3)For regional assignment planning, the frequencies for very high frequency Omni-directional Range facilities shall be selected in the following order—

(a)frequencies ending in odd tenths of a megahertz in the band 111.975 – 117.975 Megahertz;

(b)frequencies ending in even tenths of a megahertz in the band 111.975 – 117.975 Megahertz;

(c)frequencies ending in even tenths of a megahertz in the band 108 - 111.975 Megahertz;

(d)frequencies ending in 50 kilohertz in the band 111.975 – 117.975 Megahertz, except as provided in subregulation (4);

(e)frequencies ending in even tenths plus a twentieth of a megahertz in the band 108 – 111.975 Megahertz except as provided in subregulation (4).

(4)Frequencies for very high frequency Omni-directional Range facilities ending in even tenths plus a twentieth of a megahertz in the band 108 – 111.975 Megahertz and all frequencies ending in 50 kilohertz in the band 111.975 – 117.975 Megahertz shall be permitted to be utilized on the basis of a regional agreement when they have become applicable in accordance with the following—

(a)in the band 111.975 – 117.975 Megahertz for restricted use;

(b)for general use in the band 111.975 – 117.975 Megahertz at a date fixed by the Council but at least one year after the approval of the regional agreement concerned; and

(c)for general use in the band 108 – 111.975 Megahertz at a date fixed by the Council but giving a period of two years or more after the approval of the regional agreement concerned.

(5)For purpose of subregulation (4), “restricted use” means the limited use of the frequencies by only suitably equipped aircraft and in such a manner that—

(a)the performance of ILS or VOR equipment not capable of operating on these frequencies will be protected from harmful interference;

(b)a general requirement for the carriage of ILS or VOR airborne equipment capable of operation on these frequencies will not be imposed; and

(c)operational service provided to international operators using 100 kHz airborne equipment is not derogated.

37. Airborne equipment protection while deploying VHF omni-directional Range systems

All existing very high frequency Omni-directional Range systems within interference range of a facility utilizing 50 kilohertz channel spacing shall be modified to comply with the provisions of Civil Aviation (Radio Navigation Aids) Regulations in order to protect the operation of airborne equipment during the initial stages of deploying very high frequency Omni-directional Range systems utilizing 50 kilohertz channel spacing in an area where the existing facilities do not fully conform to the Civil Aviation (Radio Navigation Aids) Regulations.

38. Frequency deployment

(1)The geographical separation between facilities operating on the same and adjacent frequencies shall be determined regionally and be based on the following criteria—

(a)the required functional service radii of the facilities;

(b)the maximum flight altitude of the aircraft using the facilities; and

(c)the desirability of keeping the minimum Instrument Flight Region altitude as low as the terrain will permit.

(2)To alleviate frequency congestion problems at locations where two separate Instrument Landing System facilities serve opposite ends of the same runway or different runways at the same airport, the assignment of identical Instrument Landing System localizer and glide path paired frequencies shall be permitted provided that—

(a)the operational circumstances permit;

(b)each localizer is assigned a different identification signal; and

(c)arrangements are made whereby the localizer and glide path not in operational use cannot radiate.

39. Utilization in the band 960 – 1 215 Megahertz for distance measuring equipment

(1)Distance Measuring Equipment operating channels bearing the suffix “X” or “Y” as contained in the Civil Aviation (Radio Navigation Aids Regulations) shall be chosen on a general basis without restriction.

(2)Distance Measuring Equipment channels bearing the suffix “W” or “Z” in the Civil Aviation (Radio Navigation Aids) Regulations shall be chosen on the basis of regional agreement when they become applicable.

(3)For regional assignment planning, the channels for Distance Measuring Equipment associated with Instrument Landing Systems shall be selected from Table 5-1 set out in the Fifth Schedule.

(4)Coordination of regional DME channel assignments shall be effected through International Civil Aviation Organization (ICAO).

40. Distance measuring equipment channels groups 1 to 5

(1)The Distance Measuring Equipment channels in groups 1 to 5 shall be permitted to be used generally.

(2)In selecting channels for assignment purposes, when a Distance Measuring Equipment is intended to operate on a runway in association with an Instrument Landing Systems, the Distance Measuring Equipment channel, if possible, shall be selected from Group 1 or 2 and paired with the Instrument Landing Systems frequency as indicated in the Distance Measuring Equipment channelling and pairing table contained in Civil Aviation (Radio Navigation Aids) Regulations.

41. Satellite-based C2 Link systems

(1)Satellite-based RPAS C2 Link systems shall operate in the following—

(a)frequency bands with an appropriate allocation to aeronautical safety services under the aeronautical mobile satellite (route) service (AMS(R)S) which meet the criteria and can be used for RPAS C2 Links, subject to the conditions associated with the allocations as follows—1610-1626.5 MHz and 5000 – 5150 MHz;

(b)frequency bands with an allocation to aeronautical safety services under the mobile-satellite service (MSS) where AMS(R)S operations have priority access, which meet the criteria and can be used for RPAS C2 Links are:1 545 – 1 555 MHz and 1 646.5 – 1 656.5MHz;

(c)frequency bands with an allocation to the fixed satellite service (FSS) where the conditions in ITU Resolution 155 (WRC-15) are met and applies as follows—

(i)10.95 – 11.2 GHz (space-to-Earth);

(ii)11.45 – 11.7 GHz (space-to-Earth);

(iii)11.7 – 12.2 GHz (space-to-Earth) in Region 2;

(iv)12.2 – 12.5 GHz (space-to-Earth) in Region 3;

(v)12.5 – 12.75 GHz (space-to-Earth) in Regions 1 and 3;

(vi)9.7 – 20.2 GHz (space-to-Earth);

(vii)14.0 – 14.47 GHz (Earth-to-space); and;

(viii)29.5 – 30.0 GHz (Earth-to-space) with an ITU satellite earth station class of “UG”.

(2)Remotely piloted aircraft (RPA) and remote pilot station (RPS) earth stations shall operate within the notified and recorded technical parameters of the associated satellite network, including specific or typical earth stations as published by the ITU.

(3)RPA and RPS earth stations operating in accordance with subregulation (1)(c) shall use FSS assignments that have been successfully coordinated under Article 9 of the ITU Radio Regulations and recorded in the Master International Frequency Register (MIFR) with a favourable finding under Article 11 of the ITU Radio Regulations including Nos. 11.31, 11.32 or 11.32A where applicable, and except those assignments that have not successfully completed coordination procedures under No. 11.32 by applying Appendix 5 paragraph 6.d.i of the ITU Radio Regulations.

42. Terrestrial C2 Link communication systems

(1)Terrestrial RPAS C2 Link systems shall operate in bands allocated to the Aeronautical Mobile (Route) Service (AM(R)S).

(2)Frequency bands with such allocations shall include 113.250 MHz and 136.925 MHz (common signalling frequencies for VDL Mode 4), 960-1164 MHz and 5030-5091 MHz.

(3)The operation of the C2 Link within any of the bands under subregulation 2 shall be implemented so as to be compatible with the systems currently using the allocations under subregulation (2).

(4)Compatibility of Terrestrial RPAS C2 Link systems shall be ensured through the development and application of necessary Standard and Recommended Practices SARPs and determined on the basis of regional air navigation agreements.

Part VI – EXEMPTIONS

43. Requirements for application for exemption

(1)A person may apply to the Authority for an exemption from the requirements of these Regulations.

(2)Unless in the case of an emergency, a person requiring exemptions from any of these Regulations shall make an application to the Authority at least sixty days prior to the proposed effective date, giving the following information—

(a)name and contact address including electronic mail and fax if any;

(b)telephone number;

(c)a citation of the specific requirement from which the applicant seeks exemption;

(d)justification for the exemption;

(e)a description of the type of operations to be conducted under the proposed exemption;

(f)the proposed duration of the exemption;

(g)an explanation of how the exemption would be in the public interest;

(h)a detailed description of the alternative means by which the applicant will ensure a level of safety equivalent to that established by the regulation in question;

(i)a safety risk assessment carried out in respect of the exemption applied for;

(j)if the applicant handles international operations and seeks to operate under the proposed exemption, an indication whether the exemption would contravene any provision of the Standards and Recommended Practices of the International Civil Aviation Organization; and

(k)any other information that the Authority may require.

(3)Where the applicant seeks emergency processing of an application for exemption, the application shall contain supporting facts and reasons for not filing the application within the time specified in subregulation (2) and satisfactory reason for deeming the application an emergency.

(4)The Authority may in writing, refuse an application made under subregulation (3), where in the opinion of the Authority, the reasons given for emergency processing are not satisfactory.

(5)The application for exemption shall be accompanied by fee determined by the Authority.

44. Review and publication

(1)The Authority shall review the application for exemption made under regulation 43 for accuracy and compliance and if the application is satisfactory, the Authority shall publish a detailed summary of the application for comments, within a specified time, in either—

(a)the Kenya Gazette;

(b)aeronautical information circular; or

(c)a daily newspaper with national circulation.

(2)Where application requirements have not been fully complied with, the Authority shall request the applicant in writing, to comply prior to publication or making a decision under subregulation (3).

(3)If the request is for emergency relief, the Authority shall publish the decision as soon as possible after processing the application.

45. Evaluation of the request

(1)Where the application requirements have been satisfied, the Authority shall conduct an evaluation of the request to include—

(a)determination of whether an exemption would be in the public interest;

(b)a determination, after a technical evaluation of whether the applicant’s proposal would provide a level of safety equivalent to that established by the regulation, although where the Authority decides that a technical evaluation of the request would impose a significant burden on the Authority’s technical resources, the Authority may deny the exemption on that basis;

(c)a determination of whether a grant of the exemption would contravene these Regulations; and

(d)a recommendation based on the preceding elements, of whether the request should be granted or denied, and of any conditions or limitations that should be part of the exemption.

(2)The Authority shall notify the applicant in writing, the decision to grant or deny the request and publish a detailed summary of its evaluation and decision.

(3)The summary referred to in subregulation (2) shall specify the duration of the exemption and any conditions or limitations of the exemption.

(4)If the exemption affects a significant population of the aviation community of Kenya, the Authority shall publish the summary in aeronautical information circular.

Part VII – GENERAL PROVISIONS

46. Drug and alcohol testing and reporting

(1)Any person who performs any function directly or indirectly under the provisions of these Regulations may be tested for drug or alcohol usage.

(2)A person who—

(a)refuses to submit to a test to indicate the percentage by weight of alcohol in the blood; or

(b)refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorize the release of the test results requested by the Authority, that person shall—

(i)be denied any licence, certificate, rating, qualification, or authorization issued under these Regulations for a period of up to one year from the date of that refusal; or

(ii)have his or her licence, certificate, rating, qualification, or authorization issued under these Regulations suspended or revoked.

(3)Any person who is convicted of a violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, shall—

(a)be denied any license, certificate, rating, qualification, or authorisation issued under these Regulations for a period of up to one year after the date of conviction; or

(b)have their licence, certificate, rating, qualification, or authorisation issued under these Regulations suspended or revoked.

47. Change of Name

(1)A holder of a CNS provider certificate issued under these Regulations shall notify the Authority of the change in the physical and mailing address within fourteen days of such change.

(2)A Provider holding of a certificate issued under these Regulations may apply to the Authority for—

(a)replacement of the certificate if lost or destroyed;

(b)change of name on the certificate; or

(c)an endorsement on the certificate.

(3)When applying under subregulation (1), the holder of a certificate shall submit to the Authority—

(a)the original certificate or a copy thereof in case of loss; and

(b)a court order, or other legal document verifying the name change.

(4)The Authority shall return to the holder of a certificate, with the appropriate changes applied for, if any, the originals specified under subregulation (2) and, where necessary, retain copies thereof.

48. Change of address

(1)A holder of a Provider certificate issued under these Regulations shall notify the Authority of the change in the physical and mailing address and do so in the case of —

(a)physical address, at least fourteen days in advance; and

(b)mailing address upon the change.

(2)A person who does not notify the Authority of the change in the physical and mailing address within the time frame specified in subregulation (1) shall not exercise the privileges of the certificate.

49. Replacement of documents

A person may apply to the Authority in the specified form for replacement of documents issued under these Regulations if such documents are lost or destroyed.

50. Use and retention of documents and records

(1)A person shall not—

(a)use any certificate or exemption issued or required by or under these Regulations which has been forged, altered, cancelled, or suspended, or to which he is not entitled; or

(b)forge or alter any certificate or exemption issued or required by or under these Regulations;

(c)lend any certificate or exemption issued or required by or under these Regulations to any other person;

(d)make any false representation for the purpose of procuring for himself or any other person the grant, issue, renewal or variation of any such certificate or exemption; or

(e)mutilate, alter, render illegible or destroy any records, or any entry made therein, required by or under these Regulations to be maintained, or knowingly make, or procure or assist in the making of, any false entry in any such record, or wilfully omit to make a material entry in such record.

(2)All records required to be maintained by or under these Regulations shall be recorded in a permanent and indelible material.

(3)A person shall not issue any certificate or exemption under these Regulations unless he is authorised to do so by the Authority.

(4)A person shall not issue any certificate referred to in subregulation (3) unless he has satisfied himself that all statements in the certificate are correct, and that the applicant is qualified to hold that certificate.

51. Reports of violation

(1)Any person who knows of a violation of the Act, or any Regulations, rules, or orders issued there under, shall report it to the Authority.

(2)The Authority may determine the nature and type of investigation or enforcement action that need to be taken.

52. Failure to comply with direction

Any person who fails to comply with any direction given to him by the Authority or by any authorised person under any provision of these Regulations shall be deemed for the purposes of these Regulations to have contravened that provision.

53. Aeronautical fees

(1)The Authority shall notify in writing the fees to be charged in connection with the issue, renewal or variation of any certificate, test, inspection or investigation required by, or for the purpose of these Regulations any orders, notices or proclamations made there under.

(2)Upon an application being made in connection with which any fee is chargeable in accordance with the provisions of subregulation (1), the applicant shall be required, before the application is accepted, to pay the fee so chargeable.

(3)If, after that payment has been made, the application is withdrawn by the applicant or otherwise ceases to have effect or is refused, the Authority shall not refund the payment made.

Part VIII – OFFENCES AND PENALTIES

54. Contravention of Regulations

A person who contravenes any provision of these Regulations may have his certificate or exemption cancelled or suspended.

55. Penalties

(1)A person who contravenes any provision of these Regulations, orders, notices or proclamations made there under shall, upon conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not more than six months or to both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence.

(2)If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

56. Appeals to the Tribunal

Where any person is aggrieved by any decision made under these Regulations the person may, within thirty days of such decision being made, appeal against the decision to the Tribunal.

57. Revocation of L.N No. 136 of 2018

The Civil Aviation (Aeronautical Radio Frequency Spectrum Utilization) Regulations, 2018 are hereby revoked.

58. Transition and saving provisions

(1)A license, certificate, approval or any other document issued to an operator prior to the commencement of these Regulations shall continue in force as if it was issued under these Regulations until it expires or is cancelled by the Authority.

(2)Notwithstanding any other provision of these Regulations, a person who at the commencement of these Regulations, is carrying out any acts, duties or operations affected by these Regulations shall, within one year from the date of commencement comply with the requirements of these Regulations or cease to carry out such acts, duties or operations.

Source: Kenya Law · Imported 4 October 2026