For the Alleviation of Growing Pains

On 04 January 2023, the Federal Communications Commission (FCC) made public a Notice of Proposed Rulemaking (NPRM) setting forth proposed statutes for the operation of Unmanned Aircraft Systems (UAS) in the 5030-5091 MHz band.

At present, UAS platforms operate primarily under the FCC’s rules for unlicensed and low-power communications—or in accordance with experimental licenses. The aforementioned, however, do not afford UAS users rights to protection from harmful interference. Ergo, communications—to include control of UASs—predicated upon extant resources can be unreliable. The FCC’s proposed rules would grant unmanned aircraft systems access to licensed spectra with the resilience to support more advanced and secure communications.

For purpose of further developing a codified framework germane to UAS operations—and in keeping with federal regulatory orthodoxy—the NPRM seeks comment on service rules for the 5030-5091 MHz band—rules that would provide unmanned aircraft system (UAS) operators with access to licensed spectra with the reliability necessary to support safety-critical UAS communications links.

The NPRM also seeks comment on whether the FCC’s rules for various flexible-use spectrum bands are sufficient to ensure co-existence of terrestrial mobile operations and UAS use, or whether changes to commission rules are necessary to prevent or mitigate interference and performance concerns.

In addition—to further promote the safe integration of unmanned aircraft operations in controlled airspace and facilitate flight coordination—the NPRM proposes a process by which UAS operators may obtain licensure in the aeronautical VHF band to communicate with air traffic control and other aircraft while maintaining the integrity of the band.

FCC Chairwoman Jessica Rosenworcel set forth: “It is past time that we assess the availability of wireless communications resources for the increasingly important remote-piloted aircraft activity we rely on today. The FCC must ensure that our spectrum rules meet the current—and future—spectrum needs of evolving technologies such as unmanned aircraft systems, which can be critical to disaster recovery, first responder rescue efforts, and wildfire management. I thank our colleagues at NTIA and FAA for their engagement on this proceeding, and I look forward to building a strong public record for this rulemaking.”

The NPRM in question was developed within the formal Interdepartmental Radio Advisory Committee process, and occasions an ongoing collaboration between the FCC, the FAA, and the National Telecommunications and Information Administration (NTIA).

Public comments pertaining to the FCC’s Notice of Proposed Rulemaking must be submitted no later than thirty-days after the NPRM’s publication in the Federal Register.

FMI: www.fcc.gov