Notice2021-19499
Wireless Telecommunications Bureau Seeks To Refresh the Record on Unmanned Aircraft Systems Use of the 5 GHz Band
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Published
September 10, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireless Telecommunications Bureau seeks to refresh and update the record in this proceeding, which was commenced to consider a petition for rulemaking filed by the Aerospace Industries Association (AIA) that asked the Commission to adopt licensing and service rules for Control and Non-Payload Communications (CNPC) links in the 5030-5091 MHz band to support Unmanned Aircraft Systems (UAS) operations in the United States.
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50715-50718]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19499]
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FEDERAL COMMUNICATIONS COMMISSION
[RM-11798; DA 21-1025; FRS 46463]
Wireless Telecommunications Bureau Seeks To Refresh the Record on
Unmanned Aircraft Systems Use of the 5 GHz Band
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Wireless Telecommunications Bureau seeks
to refresh and update the record in this proceeding, which was
commenced to consider a petition for rulemaking filed by the Aerospace
Industries Association (AIA) that asked the Commission to adopt
licensing and service rules for Control and Non-Payload Communications
(CNPC) links in the 5030-5091 MHz band to support Unmanned Aircraft
Systems (UAS) operations in the United States.
DATES: Comments are due October 12, 2021 and reply comments are due
October 25, 2021.
ADDRESSES: You may submit comments, identified by RM-11798, by any of
the following methods:
[ssquf] Federal Communications Commission's Website: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>. Follow the instructions for submitting comments.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#3d7b7e7e080d097d5b5e5e135a524b"><span class="__cf_email__" data-cfemail="55131616606561153336367b323a23">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Peter Trachtenberg of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-7369 or
<a href="/cdn-cgi/l/email-protection#1f4f7a6b7a6d314b6d7e7c776b7a717d7a6d785f797c7c31787069"><span class="__cf_email__" data-cfemail="48182d3c2d3a661c3a292b203c2d262a2d3a2f082e2b2b662f273e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document (Public Notice), RM-11798, DA 21-1025, released on August 20,
2021. The complete text of this document is available on the
[[Page 50716]]
Commission's website at <a href="https://www.fcc.gov/document/wtb-seeks-refresh-record-uas-use-5-ghz-band">https://www.fcc.gov/document/wtb-seeks-refresh-record-uas-use-5-ghz-band</a> or by using the search function for RM-11798
on the Commission's ECFS web page at <a href="http://www.fcc.gov/ecfs">www.fcc.gov/ecfs</a>.
Synopsis
With this Public Notice, the Wireless Telecommunications Bureau
seeks to refresh the record on a petition for rulemaking filed by the
AIA on February 8, 2018 to address the growing need of the UAS industry
for access to licensed spectrum for CNPC links. We issue this Public
Notice to update the record to reflect operational, technical, and
regulatory developments that have occurred over the last three years in
the rapidly growing and evolving area of UAS operations and that are
relevant to this proceeding. We also seek to explore certain aspects of
the AIA proposal in greater detail than is reflected in the current
record. Finally, because the focus of the AIA proposal and the
resulting comment record appears to be in support of direct radio-line-
of-sight (LOS) communications links between controller and unmanned
aircraft, we seek comment on whether the Commission should consider
licensing alternatives in this band to support the growing interest in
beyond-radio-line-of-sight (BLOS) UAS operations. We anticipate that
the resulting record could help the Commission to proceed with a more
informed and specific Notice of Proposed Rulemaking to make the 5030-
5091 MHz band available as a suitable spectrum resource for UAS
operations.
AIA Proposal
We first seek updated and additional comment on all aspects of the
AIA proposal as a licensing approach for UAS operations in the 5030-
5091 MHz band, and in particular, the aspects discussed below.
License eligibility. We seek comment on whether, as proposed by
AIA, the Commission should require that parties seeking a 5030-5091 MHz
band spectrum license must certify they have the requisite FAA remote
pilot certification, or, in the case of organizations, to certify that
they will utilize only individuals with such qualifications for their
UAS operations in the band. Given that UAS operators would in any case
be subject to applicable FAA regulations, including regulations
requiring the relevant FAA pilot certification, we seek comment on the
benefits of conditioning license eligibility on compliance with such
requirements.
Dynamic frequency assignment. As mentioned earlier, a central
element of AIA's proposal is a dynamic frequency assignment management
system, which would automatically process requests from licensees for
temporary assignment of bandwidth in the 5030-5091 MHz band in a
specified geographic area or path covering the anticipated flight path,
for a specified duration covering the anticipated flight duration.
Under the AIA proposal, requests would need to be made a short time
before the expected flight (AIA suggests no more than 20 minutes), and
at the end of the estimated flight duration, or some ``reasonable''
period after, the assigned frequencies would automatically become
available for reassignment. We seek comment on this proposal, including
the feasibility and practicality of implementing and operating a
dynamic frequency assignment management system for this purpose, any
current or planned technologies or systems that could perform the
necessary functions and are scalable to meet the real-time coordination
needs of a large and growing number of operations, and what new or
modified technologies, devices, connections, or standards would be
needed to implement this approach. For example, Spectrum Access Systems
are automated frequency coordinators that the Commission established in
the 3550-3700 MHz band to coordinate and implement spectrum access and
prioritization among users of three different tiers of services in that
band with ascending priority rights. Would this technology be
appropriate here? We seek comment on the status of pending standards
work relevant to implementing a dynamic frequency assignment approach
for UAS access to the 5030-5091 MHz band, and to the extent additional
standards work would be required. We seek comment on the process for
authorizing the frequency assignment manager, on minimum eligibility
requirements or restrictions for applicants, and on whether we should
permit more than one manager. We further seek comment on any
requirements or standards governing requests for assignment of
frequencies and the processing of these requests, and whether the
standards and processing procedures for requests should be left to the
discretion of the manager.
AIA proposes that the Commission require licensees to ``release''
assignments at the end of the flight, and that assignments be
automatically ``revoked'' some period after the estimated duration of
the flight if not otherwise released. We seek comment on these aspects
of AIA's proposal. We seek comment on what, if any, enforcement
mechanism to impose on the requirement that assignments be released at
the end of the flight. We also seek comment on what connections or
communications between the frequency assignment management system and
UAS stations will be needed to implement these processes. Would
revocation create potential safety concerns if revocation occurred
while a flight was ongoing? If so, how should such concerns be
addressed? We seek comment on any requirements needed to ensure that
these processes, as well as the initial processing of requests, occur
in a manner that is secure, reliable, and timely.
Technical requirements. We seek comment on the appropriate
technical requirements and parameters. In its petition, AIA states that
the technical rules for CNPC links in the 5030-5091 MHz band should be
flexible to support ongoing UAS development, but also proposes certain
technical parameters based on the technical standard RTCA DO-362.
Specifically, AIA proposes that:
<bullet> Transmitter power and emissions in the 5030-5091 MHz band
should conform to the requirements in RTCA DO-362 Sec. 2.2.1.6.
<bullet> The frequency accuracy of a 5030-5091 MHz CNPC
transmitter, or of the local oscillator of a 5030-5091 MHz CNPC
receiver, should not vary more than 0.2 parts per million (ppm) from
the intended value, as stipulated in RTCA DO-362 Sec. 2.2.1.4.
<bullet> Emission limits for Aeronautical Stations and Aircraft
Stations indicated in Section 87.139(c) of the Commission's rules be
applicable to such stations that are capable of operating in the 5030-
5091 MHz band to support UAS CNPC links, in addition to the emission
limits imposed by RTCA DO-362 Sec. 2.2.1.6.32.
We request comment on these parameters and any other parameters
that must be considered, including whether an altitude limit on UAS use
of the 5030-5091 MHz band should be established to maximize the
spectral efficiency of the band. We also request comment on the
emission limitations of section 87.139, and whether any changes are
necessary to accommodate UAS operations, especially those considered in
RTCA DO-362. We also request comment on any additional technical
limitations necessary to protect the AeroMACS bands, 5000-5030 MHz and
5091-5150 MHz.
Scope of permitted services. We seek further comment on the scope
of
[[Page 50717]]
services to be permitted in the band. The relevant allocation of the
band to aeronautical mobile (route) service (AM(R)S) may be used only
for communications ``relating to the safety and regularity of flight.''
We seek comment on what types of UAS communications fall within the
scope of this allocation, and on whether all UAS communications that
are within the scope of AM(R)S should be permitted. We further seek
comment on whether CNPC generally are consistent with the allocation
and its purpose, whether we should permit all UAS CNPC communications
in the band while prohibiting UAS payload or non-UAS communications,
and if so, how CNPC communications and payload communications should be
defined for the purpose of these rules. We also seek comment on whether
to adopt an approach that combines a broad scope of permitted
communications with a prioritization mechanism. For example, should we
permit UAS payload communications in the band or non-UAS general
purpose communications subject to the prioritization of UAS CNPC? We
seek comment on whether permitting such services would require the
Commission to modify the current allocation of the band, and if so,
whether the band allocation should be modified as necessary to permit
payload and/or non-UAS general purpose mobile communications on a
secondary basis and subject to some scheme of CNPC priority.
Alternative Approaches Supporting BLOS Use
As mentioned, the focus of the AIA proposal appears to be in
support of direct LOS communications links between controller and
unmanned aircraft. The proposal would provide operators with highly
transitory spectrum assignments tailored in both geography and time to
specific flights. We seek comment on whether the spectrum assignment
model proposed by AIA would provide sufficient scope and certainty to
incentivize the deployment of network infrastructure that can support
both LOS and BLOS flights. We seek comment on the extent to which
additional or alternative approaches to licensing the 5030-5091 MHz
band might better support such deployment, or otherwise be more
effective in supporting BLOS flights in particular, or UAS flights
overall. To the extent that commenters advocate for alternatives, we
ask them to submit specific, detailed, and comprehensive proposals for
licensing the 5030-5091 MHz band to support UAS communications.
We seek comment on whether alternatives to the AIA proposal might
provide better support for BLOS communications. We note that while UAS
operations have in the past been predominantly LOS, there is growing
interest in and exploration of BLOS operations, such as for package
delivery, mapping, search-and-rescue, long-range infrastructure
inspections, and surveillance flights. We seek comment on the
anticipated uses of the 5030-5091 MHz band, the extent to which there
is interest in use of the 5030-5091 MHz band for BLOS operations in
particular, and the type of infrastructure necessary to support such
use. We anticipate that BLOS communications will require the deployment
of network infrastructure, and seek comment on this assessment, and on
whether licensing the band with exclusive geographic area-based
licenses would more effectively promote such deployment, and on the
costs and benefits generally of such an approach. We further seek
comment on what specific license terms would be appropriate for a
geographic area-based license approach to the band, including the
appropriate geographic area, spectrum block size, license duration,
performance requirements, permissible service scope, and technical
requirements. We seek comment on whether adopting relatively larger
geographic areas, such as Regional Economic Area Groupings, is
justified to better support long-range, BLOS UAS operations. We seek
comment on a spectrum block size that will maximize the utility and
benefit of the band, considering factors such as the benefits of
competition from multiple providers, the expected spectrum needs and
demand level of UAS operations, and the interest in accommodating, as
much as is practical, a range of UAS operations that may have
significantly varying bandwidth requirements. Regarding license
duration and performance requirements, we seek comment on a ten-year
renewable license and establishing population-based buildout
requirements, similar to what the Commission has established in many
other mobile network bands.
We further seek comment on other alternatives that do not require
an operator license. As discussed above, AIA proposes that we require
operators or organizations that employ them to hold a nationwide, non-
exclusive license before they can receive spectrum assignments. We seek
comment on whether this aspect of the proposal is necessary for this
type of service, or whether an approach could be implemented that does
not require any operator license but relies instead on some form of
station license, with station equipment held to technical requirements
(such as RTCA DO-362 requirements) in the Commission's equipment
authorization process. For example, we seek comment on whether to adopt
licensed-by-rule station licensing for the band, analogous to aircraft
station licensing under Part 87. Under this approach, operators would
not need a separate spectrum license from the Commission, and equipment
that met Commission equipment authorization requirements would be
licensed automatically, although potentially still subject to an
automatic frequency assignment or reservation process such as the
dynamic assignment process proposed by AIA. We seek comment on whether,
under this approach, ground stations should be separately licensed,
whether we should provide site-based licenses to cover such stations,
and the costs and benefits of this approach. Is site-based licensing
practical to implement very temporary assignments (e.g., assignments
for uses lasting only a few hours or days)? How would site-based
licensing address operations that involve hand-held or portable
controllers rather than fixed stations? If we were to adopt such an
approach, what rules should we adopt to foster efficient use of
spectrum and to avoid interference? How should we define the
permissible scope of a site and the duration of the license? What
coordination requirements and mechanisms should we adopt?
We also invite comment on hybrid approaches to licensing the band.
For example, we seek comment on whether to partition the band into two
segments, one in which we adopt an approach like the AIA proposal, the
other in which we issue exclusive geographic area licenses for network-
based services. If so, should we split the band equally between the two
segments, or assign more spectrum to one of them? We further seek
comment on options that might support both approaches in the same
segment of the band. For example, should the frequencies subject to
geographic area licensing nevertheless be assignable for temporary
direct links in a particular geographic area through an approach such
as the AIA proposal until the relevant geographic area licenses in that
area are actually assigned to a licensee? Or should we allow such
access unless the spectrum is actually ``in use,'' e.g., providing
licensees in the direct link segment of the band with access to the
spectrum in the segment subject to geographic area licensing except in
[[Page 50718]]
those license areas with at least some actual deployment, or except
within the signal coverage of deployed base stations?
Comment Filing Procedures
Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments and reply
comments on or before the dates indicated on the first page of this
document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
[ssquf] Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
[ssquf] Paper Filers: Parties who choose to file by paper must file
an original and one copy of each filing.
[ssquf] Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
[ssquf] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
[ssquf] Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020), <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="dcbabfbfe9ece89cbabfbff2bbb3aa">[email protected]</a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
Ex Parte Rules
This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules.\1\
Persons making ex parte presentations must file a copy of any written
presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex
parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
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\1\ 47 CFR 1.1200 et seq. Although the Rules do not generally
require ex parte presentations to be treated as ``permit but
disclose'' in Petition for Rulemaking proceedings, see 47 CFR
1.1204(b)(2), we exercise our discretion in this instance, and find
that the public interest is served by making ex parte presentations
available to the public, in order to encourage a robust record. See
id. Sec. 1.1200(a).
Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-19499 Filed 9-9-21; 8:45 am]
BILLING CODE 6712-01-P
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