Document ID: chunk:federal_register_of_legislation:F2025C00187:reg:5:p6
Version: federal_register_of_legislation:F2025C00187
Segment Type: reg
Provision Reference: reg 5 (pt 6/9)
Character Range: 165099–168029

ATC.
RSP parameters are performance characteristics that:
(a) provide the basis for developing an RSP specification; and
(b) include RSP data delivery time, RSP continuity, RSP availability and RSP integrity.
satellite service provider, or SSP, means an entity, or group of entities, that provides the portion of the communication system that involves the operation of 1 or more satellites.
        Flight plan declaration of capability
       (2) Before declaring RCP 240 or RSP 180 capabilities on a flight plan, the pilot in command of the aircraft must:
(a) check with the operator of the aircraft whether the operator has received advice from Airservices Australia that the relevant aircraft has consistently not met the operational criteria of RCP 240 and RSP 180 specifications; and
(b) if such advice has been received — be reasonably satisfied that the operator of the aircraft has ensured that the aircraft consistently meets the operational criteria of the specifications.
Note   Airservices Australia monitors datalink communications in Australian-administered airspace and advises when operational criteria of RCP 240 and RSP 180 specifications are consistently not met.
       (3) A declaration must not be made on a flight plan, submitted to ATS for a flight, that the aircraft has RCP capability or RSP capability unless:
(a) the declaration relates solely to RCP 240 or RSP 180 capabilities; and
(b) the requirements of subsections (4) to (7) are complied with at the time of the declaration.
Note   It is ultimately a matter for the relevant aviation authority to be satisfied that an aircraft operator's declaration is, in actual fact, valid for the relevant aircraft at the time of any declaration, audit or inspection. A false declaration would constitute an offence under regulation 11.255 of the Civil Aviation Safety Regulations 1998 and could result in other legal consequences under the Civil Aviation Act 1988.
        Equipment
       (4) The aircraft must:
(a) be equipped with avionics supporting ADS-C and CPDLC applications over FANS 1/A (the equipment); and
(b) the equipment must be operative for the flight.
        Aircraft documentation
       (5) Subject to subsection (6), 1 of the following documents:
(a) the AFM;
(b) an original equipment manufacturer service letter;
(c) any other document from the entity responsible for the design approval of the aircraft datalink communications equipment;
must include a statement of compliance (an SOC) indicating that:
(d) the aircraft system is approved for datalink communications using FANS 1/A avionics: and
(e) the aircraft datalink system meets the aircraft-allocated requirements of the RCP 240 and RSP 180 specifications.
       (6) If a document mentioned in paragraph (5) (a), (b) or (c) does not include an SOC, the following may act as a temporary substitute pending the formal issue of the SOC, provided there has been no indication of