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Rule2024-29967

Spectrum Rules and Policies for the Operation of Unmanned Aircraft Systems

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Published

January 8, 2025

Effective

February 7, 2025

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (FCC or Commission) enables Uncrewed Aircraft System (UAS) operators to access dedicated spectrum for control-related communications. Specifically, this document adopts service rules under new rule part 88 that provide operators the ability to obtain direct frequency assignments in a portion of the 5030-5091 MHz band for non-networked operation. Under these rules, one or more dynamic frequency management systems (DFMSs) will manage and coordinate access to the spectrum and enable its safe and efficient use, by providing requesting operators with temporary frequency assignments to support UAS control link communications with a level of reliability suitable for operations in controlled airspace and other safety-critical circumstances. To address concerns regarding the impact of these aeronautical operations on adjacent services, this document locates these operations, for now, in the central part of the band, with substantial separation from the bands adjacent to the 5030- 5091 MHz band.

Full Text

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<title>Federal Register, Volume 90 Issue 5 (Wednesday, January 8, 2025)</title>
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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Rules and Regulations]
[Pages 1380-1400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29967]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 2, 87, 88 and 95

[WT Docket No. 22-323; FCC 24-91; FR ID 255475]

Spectrum Rules and Policies for the Operation of Unmanned
Aircraft Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) enables Uncrewed Aircraft System (UAS) operators to
access dedicated spectrum for control-related communications.
Specifically, this

[[Page 1381]]

document adopts service rules under new rule part 88 that provide
operators the ability to obtain direct frequency assignments in a
portion of the 5030-5091 MHz band for non-networked operation. Under
these rules, one or more dynamic frequency management systems (DFMSs)
will manage and coordinate access to the spectrum and enable its safe
and efficient use, by providing requesting operators with temporary
frequency assignments to support UAS control link communications with a
level of reliability suitable for operations in controlled airspace and
other safety-critical circumstances. To address concerns regarding the
impact of these aeronautical operations on adjacent services, this
document locates these operations, for now, in the central part of the
band, with substantial separation from the bands adjacent to the 5030-
5091 MHz band.

DATES: The rules are effective February 7, 2025, except for Sec. Sec.
88.27, 88.31, 88.33, 88.35, 88.111, 88.113, 88.115, 88.135, 88.137, and
88.141, which are delayed. The Federal Communications Commission will
publish a document in the Federal Register announcing the effective
date. The incorporation by reference of material listed in Sec. 88.117
is approved by the Director of the Federal Register as of February 7,
2025.

FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Peter Trachtenberg of the Mobility Division,
Wireless Telecommunications Bureau, at <a href="/cdn-cgi/l/email-protection#feae9b8a9b8cd0aa8c9f9d968a9b909c9b8c99be989d9dd0999188">[email&#160;protected]</a> or
(202) 418-7369. For information regarding the Paperwork Reduction Act
of 1995 (PRA) information collection requirements contained in this
document, contact Cathy Williams, Office of Managing Director, at (202)
418-2918 or <a href="/cdn-cgi/l/email-protection#f7b496839f8ed9a09e9b9b9e969a84b7919494d9909881">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in WT Docket No. 22-323; FCC 24-91, adopted on August 21,
2024, and released on August 29, 2024. The full text of this document
is available for public inspection online at <a href="https://docs.fcc.gov/public/attachments/FCC-24-91A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-91A1.pdf</a>. 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#1b7d78782e2b2f5b7d7878357c746d">[email&#160;protected]</a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

Synopsis

Achieving the extraordinary potential of UAS technology will
require integrating UAS operations into the National Airspace System
(NAS), including in the controlled airspace in which commercial
passenger flights operate and in circumstances with heightened risk,
such as flights involving large aircraft or carrying passengers or
flights beyond line of sight of the remote pilot. To ensure that these
flights are sufficiently safe for routine operation, highly reliable
wireless two-way communications for flight control and telemetry are
required. In a Notice of Proposed Rulemaking, WT Docket No. 22-323, FCC
22-101, 88 FR 7910 (February 7, 2023) (UAS NPRM), the Commission
proposed rules for the 5030-5091 MHz band to help address these
spectrum needs.

Background

In the Report and Order, the Commission now takes an initial step
to enable UAS operators to access dedicated spectrum in the 5030-5091
MHz band for control-related communications with the required
reliability. Specifically, the Commission adopts new UAS service rules
under new rule part 88 that provide operators the ability to obtain
direct frequency assignments in a portion of the 5030-5091 MHz band for
non-networked operation. The Commission finds wide support for enabling
early, direct access to a portion of the band for protected assignments
under DFMS coordination, and anticipates that such access will
facilitate the safe integration of UAS operations into the NAS so that
the United States can realize the enormous potential benefits that UAS
operations can provide.

Discussion

A. Non-Networked Access (NNA) Service Rules

1. Definitions and Designation of Sub-Band for NNA Operations
In the UAS NPRM, the Commission proposed to adopt certain band and
service rule definitions, including definitions for unmanned aircraft
systems and unmanned aircraft, as well as other terms, including non-
networked access operations, and control and non-payload
communications. Noting consistency with FAA definitions, the Commission
proposed to define an unmanned aircraft system as ``an unmanned
aircraft (UA) and its associated elements (including communication
links and the components that control the UA) that are required for the
safe and efficient operation of the UA in the airspace of the United
States,'' and an unmanned aircraft as ``an aircraft operated without
the possibility of direct human intervention from within or on the
aircraft.'' The Commission adopts these definitions as proposed, but
finds it in the public interest to revise the terminology. It finds
that the term ``uncrewed'' is more inclusive and could better reflect
future use cases for the spectrum, such as uncrewed passenger flights,
and thus find that it is appropriate to substitute ``uncrewed'' in
place of ``unmanned.'' Specifically, it adopts the use of ``uncrewed
aircraft system'' and ``uncrewed aircraft'' in place of ``unmanned
aircraft system'' and ``unmanned aircraft,'' respectively.
In the UAS NPRM, the Commission also identified two broad use cases
for determining the appropriate band plan and service rules: non-
networked operations, or those communications occurring within radio
line of sight, and network-supported services, which rely on network
infrastructure to go beyond radio line of sight of the operator. The
Commission proposed establishing the term Non-Networked Access (NNA) to
``indicate spectrum or licenses (e.g., NNA blocks) that would be
governed by service rules appropriate to support non-networked
communications.'' The UAS NPRM further proposed the use of ``Network-
Supported Services'' (NSS) to indicate that the relevant spectrum or
licenses would be governed by service rules appropriate to support the
provision of networked-based services. The Commission also proposed to
use NNA and NSS in the rules to designate the spectrum allocated for
non-networked and network-supported use cases, respectively. In the
Report and Order, the Commission adopts the NNA and NSS terms as
discussed above.
NNA Block Configuration. Although the Commission finds that it is
premature to establish a permanent band plan in light of continuing
developments and evolution of the industry, there is sufficient record
support and basis to establish rules to allow early access for non-
networked, direct link operations without compromising any future
action the Commission may take with respect to UAS operations in the
5030-5091 MHz band. The Commission thus establishes a temporary
placement for NNA operation--with a permanent band plan, including
final locations for NNA and NSS as well as potential provisions for
opportunistic use by NNA users or NSS licensees, to be resolved in the
future.
Specifically, the Commission allots 10 megahertz for near-term NNA
access. The Commission finds that, until it makes a determination
regarding a permanent band plan, it is appropriate

[[Page 1382]]

to locate the 10 megahertz NNA block at 5040-5050 MHz. As discussed
below, the Commission is adopting an interim access mechanism (IAM) to
enable NNA entities to begin operations in the band during the interim
period before a DFMS is operational. Because it will be challenging to
effectively manage and coordinate operator use of the NNA spectrum
during this period, the Commission will allow access to additional
spectrum beyond the 10 megahertz to facilitate the management and
deconfliction of NNA operations during this period. Accordingly, during
the IAM period, NNA entities may access to 20 megahertz of the band, at
5040-5060 MHz. The Wireless Telecommunications Bureau (WTB) will
announce the dates operators may begin to access the NNA block using
the IAM process, as well as the date on which a DFMS becomes
operational and the IAM period ends. Once a DFMS becomes operational,
the NNA operations will be limited to the 10 megahertz at 5040-5050
MHz.
2. Scope of Permissible Uses
The Commission limits the scope of NNA communications in the 5030-
5091 MHz band to Control and Non-payload Communications (CNPC), defined
as any transmission that is sent between the UA component and the UAS
ground station of the UAS and that supports the safety or regularity of
the UA's flight. This approach is in the public interest and is well-
supported by the record.
Mobile and fixed NNA operations. The Commission provides that the
use of both fixed and mobile ground stations for NNA operations is
permissible so long as they are not in motion during operation and
operations are limited to the location associated with the specific
frequency assignment. The adopted NNA rules do not set specific limits
as to the use of multiple fixed stations to achieve a single NNA
operation, and multi-station operations, whether involving multiple
connected or non-connected stations, are permitted by the NNA rules.
Thus, UAS operators might choose to access NNA spectrum using limited
infrastructure deployment, such as a string of ground stations deployed
over a particular and frequently used flight path.
3. Licensing Stations by Rule
The Commission adopts licensing-by-rule for both NNA ground and
aircraft stations, pursuant to section 307(e) of the Act, as amended.
See 47 U.S.C. 307(e). Section 307(e)(1) limits the Commission's
authority to adopt a license-by-rule approach to certain specific
categories of service, including the ``citizens band radio service.''
Section 307(e)(3) in turn provides that ``citizens band radio service''
shall have the meaning given to it by the Commission by rule. As
defined in the Commission's rules, the ``citizens band radio service''
encompasses ``any radio service or other specific classification of
radio stations used primarily for wireless telecommunications for which
the FCC has determined that it serves the public interest, convenience,
and necessity to authorize by rule the operation of radio stations in
that service or class, without individual licenses, pursuant to 47
U.S.C. 307(e)(1).'' The Commission finds that licensing NNA stations by
rule will serve the public interest, convenience, and necessity.
Under the license-by-rule framework, to obtain Commission
authorization to use the NNA spectrum, NNA users must use certified,
Commission-approved NNA stations, and comply with the applicable NNA
rules, but need not obtain individual spectrum licenses from the
Commission. Because a license-by-rule approach will serve the public
interest, convenience, and necessity, NNA stations are appropriately
classified as part of the citizens band radio services. This
classification reflects only the Commission's determination that the
NNA service should be licensed by rule as the Commission has used that
construct pursuant to its section 307(e)(1) authority, and not a
determination that it should be more generally be regulated in similar
fashion to other services that are classified under the citizens band
radio services category, such as those in part 95 or part 96 of the
Commission's rules.
4. Eligibility
Given the limited discussion of the issues raised by foreign
ownership of stations in a license-by-rule service, the Commission is
guided by the approach that it took in the 3.5 GHz Citizens Broadband
Radio Service (CBRS) rules to eligibility for users of CBRS General
Authorized Access (GAA) stations, which, like NNA stations, are
licensed by rule. In relevant part, section 96.5 of the Commission's
rules establishes that any entity, other than those precluded by
section 310, that otherwise meets the technical, financial, character,
and citizenship qualifications that the Commission may require in
accordance with such Act, is eligible to be a General Authorized Access
(GAA) user. The Commission finds that it will serve the public interest
to adopt a similar eligibility rule for NNA users.
5. Creation of a New Part 88
The Commission will include UAS-related rules for the 5030-5091 MHz
band in a single rule part and place such rules in a new part 88,
rather than placing the new rules in part 87. Establishing a new part
88 will promote ``clarity and ease of reference'' regarding the rules
applicable to UAS operations in the 5030-5091 MHz band. The Commission
also makes the new part 88 subject to rules under part 1, subpart F of
the Commission's rules governing ``Wireless Radio Service''
applications and proceedings.
6. Technical Requirements
The RTCA DO-362A Standard. The Commission finds it in the public
interest to incorporate by reference the standard RTCA, Command and
Control (C2) Data Link Minimum Operational Performance Standards (MOPS)
(Terrestrial), RTCA-DO-362A (2020) (RTCA DO-362A) and to adopt certain
technical requirements in our new UAS rules based on this standard.
Taking this approach is appropriate at this time, particularly given
today's incremental steps toward facilitating UAS operations, which
provides a path in the 5030-5091 MHz band for authorization of NNA
equipment and operations through shared use, while deferring for
further consideration and study potential approaches to exclusive
licensing for NSS operations.
The Commission will incorporate by reference into its technical
rules the specific sections of the RTCA DO-362A standard applicable to
transmitter output power, emissions bandwidth, out-of-band emission
limits, emission mask and time division duplexing. To provide
stakeholders increased flexibility, and in lieu of mandating use of
specific emission designators, an applicant seeking equipment
certification may specify the emission designator appropriate to its
equipment design and proposed operation, provided it meets the
technical requirements governing NNA equipment and operations.
To facilitate expedited updates to its technical rules based on
evolving technical standards, the Commission delegates joint rulemaking
authority to WTB and OET to incorporate into the Commission's rules,
after notice and an opportunity for public comment if necessary or
appropriate, any updated version of a previously incorporated technical
standard applicable to UAS operations in the 5030-5091 MHz band. This
delegation will help ensure that key technical updates relevant to
requirements for authorization of UAS

[[Page 1383]]

equipment and operations can be incorporated without unnecessary
administrative delay.
7. Equipment Authorization
To promote reliability and safety, the Commission will require
transmitters to be certified for use in this new part 88 service
through compliance with Office of Engineering and Technology (OET)
procedures for equipment authorization under part 2, subpart J of the
Commission's rules. The Commission will also require that the
applicant, when filing the requisite application for equipment
certification, notify the FAA of the identity of the equipment
manufacturer. This approach will ensure that necessary coordination
occurs with the FAA, given its responsibility for ensuring aviation
safety in the NAS, and will prevent harmful interference through NNA
equipment compliance with the relevant technical requirements.

B. Dynamic Frequency Management System

The Commission will require parties seeking to use or using the NNA
spectrum to be registered with a DFMS and to transmit in the 5030-5091
MHz band only pursuant to and consistent with the terms of a frequency
assignment from a Commission-approved DFMS. The Commission defines a
DFMS as ``a frequency coordination system operating in the 5030-5091
MHz band that (1) is highly automated and capable of providing rapid
responses to frequency assignment requests from registered NNA
operators, and (2) in response to such requests, is capable of
assigning to the requesting operator temporary protected use of certain
frequencies for a particular geographic area and time period tailored
to the operator's submitted operation, to the extent such frequencies
are available.''
The Commission will approve any DFMS that can meet its
requirements, including approving multiple DFMSs if each of them meets
the requirements. Each approved DFMS will be required to provide access
to frequencies nationwide, and to communicate and coordinate with the
other approved DFMSs as necessary to ensure that their assignments are
consistent. Below, the Commission establishes requirements to govern
the DFMS and DFMS administrator and the process by which DFMSs and DFMS
administrators will be approved, as well as certain rules governing the
request and assignment process.
1. DFMS Requirements
In the UAS NPRM, the Commission proposed certain high level
requirements to be codified in proposed section 88.135 of the
Commission's rules. Among these requirements, the Commission proposed
that:
<bullet> A DFMS must provide a process for NNA users to register
with the system for the purpose of submitting frequency assignment
requests and obtaining frequency assignments.
<bullet> A DFMS must be capable of responding to frequency
assignment requests nationwide and across the entire 5030-5091 MHz
band. However, a DFMS may only make assignments for spectrum within
those frequencies in which NNA operations are permitted.
<bullet> In response to frequency assignment requests from a
registered NNA user, a DFMS shall determine and provide, through an
automated (non-manual) process, a frequency assignment for a particular
geographic area and time period tailored to the NNA user's submitted
flight plan, to the extent that frequencies are available to meet the
request and the assignment is otherwise consistent with this part.
Assignments must provide protected access to frequencies over a
duration and geographic area sufficient to cover the entire submitted
flight plan.
<bullet> Assignments must account for the need to protect other
authorized operations.
The Commission adopts these requirements largely as proposed, but
modifies the proposed requirements to clarify that it will not mandate
that NNA users submit a ``flight plan'' in connection with their
requests. It will still require, however, that requests be for spectrum
to support a single UAS flight, which should help to ensure that
parties reserve spectrum only for those times that they actually need
the assignment, and to maximize the usage of the NNA spectrum and the
resulting benefits. To reflect these determinations, the Commission
modifies the proposed requirements to use the term ``UAS flight''
instead of ``flight plan'' (e.g., requiring that a DFMS provide a
frequency assignment for a particular geographic area and time period
tailored to the NNA user's submitted UAS flight).
Interference modeling. While the Commission does not adopt any
detailed requirements regarding the methodology or modeling for
interference calculations, it agree with commenters that models and
methodologies for interference determinations should be both effective
in avoiding harmful interference and consistent between different
DFMSs. Accordingly, it adopts these high level requirements.
FAA authorizations. The Commission will require a DFMS to confirm
through certifications in the frequency assignment request process that
the requesting party has flight authorization from the FAA to cover the
flight associated with the assignment request, and that the flight will
only be piloted by parties that have the necessary FAA remote pilot
authorization. While the Commission will have primary responsibility
for the enforcement of this Commission requirement, the Commission will
coordinate with the FAA as necessary to ensure that oversight and
enforcement is effective. In particular, compliance questions regarding
the underlying FAA requirements should generally be determined with FAA
input. Therefore, the Commission will require anyone challenging a DFMS
action with regard to this requirement or otherwise seeking a
Commission determination regarding a party's FAA authorization in this
context to submit, with its filing to the Commission, a determination
from the FAA regarding whether the party in question has the relevant
authorization under FAA rules and requirements.
In-flight revisions. The Commission further adds a requirement that
a DFMS be capable of responding to in-flight revision requests. The
capacity to revise an assignment during a flight will help to address
circumstances in which the planned area or duration of operations must
be altered during the flight, including NPSTC's concern that,
responding to an emergency, public safety operators will have
difficulty predicting up front the duration of their need for the
assignment.
Communications between DFMS and NNA stations. The Commission also
adds certain requirements for communications between a DFMS and NNA
stations to better ensure compliance with DFMS assignments. The
Commission is concerned that an approach in which a DFMS merely reviews
requests and transmits approved assignments to operators, without any
further mechanism or requirement to promote user compliance, will lead
to a higher probability of communications occurring outside of
authorized parameters, either by intention or accident, and will not
achieve the high level of safety and reliability intended for this
band. Accordingly, a DFMS is required to be able to communicate
directly with a ground station operating in the NNA spectrum, or proxy
software acting on its behalf, to achieve the

[[Page 1384]]

following: (1) ensure that all NNA stations used in the operation,
including any ground or airborne stations, are programmed to limit
communications in the 5030-5091 MHz band, during the period of the
frequency assignment, to the specific frequencies assigned by the DFMS
and in accordance with the other terms of the assignment; and (2)
receive updates on flight status when a UA has launched and when it has
landed. NNA ground stations are similarly required to be capable of
communicating with a DFMS as necessary to achieve these functions.
Limits on requests. The Commission generally provides flexibility
to DFMSs to determine the parameters of the frequency assignment
necessary to support the UAS flight, including specific frequencies,
bandwidth, maximum transmit power, amount of time, and coverage area.
As discussed above, DFMS assignments must provide protected access over
a duration and geographic area sufficient to cover the entire submitted
UAS flight, but the Commission does not mandate that a DFMS frequency
assignment have the specific terms requested.
Two specific restrictions on permissible requests are warranted to
prevent monopolization and facilitate broader access to NNA spectrum.
First, requests may only be approved for an operation lasting no more
than 24 hours. This restriction is consistent with the intention that
assignments provide support for only a single flight. Second, requests
may not be approved for periods commencing more than seven calendar
days after the submission of the request, except to the extent that
lack of frequency availability in that time frame justifies a later
assignment. Seven calendar days strikes an appropriate balance between
preventing parties from engaging in long term reservation of the
spectrum and permitting reservations in advance to provide greater
certainty to parties planning their operations. These two limitations
are based on predictive judgments regarding the extent and nature of
uses of the spectrum and the Commission may modify the specific values
as it develops more experience. A DFMS should be capable of
implementing such changes to the rules.
Coordination requirements. It will be critical, in the event there
are multiple DFMSs, that they actively coordinate their assignments to
avoid conflicts. Accordingly, the Commission adopts a requirement that
a DFMS communicate and coordinate with other DFMSs as necessary to
ensure consistent data and assignments, the safe and robust operation
of authorized services, and compliance with the rules.
Information submitted with registration and requests. Beyond
requiring that registration information include the registrant's legal
name and contact information, and that requests must address and be
limited to the frequencies, duration, and geographic coverage necessary
to support a single submitted UAS flight, the Commission does not
define the specific information that a party must submit with a
frequency assignment request or with registration. It delegates
authority to WTB, however, to impose additional specific requirements,
after notice and an opportunity for public comment if it deems
necessary or appropriate, regarding information that a DFMS must
collect regarding registrants or frequency requests, such as the
manufacturer, producer, make, or model of the equipment used, that WTB
determines will promote the robust and safe use of the band or
otherwise address security concerns regarding the use of the band, and
the DFMS must have the capability to collect such additional
information if required by WTB or the Commission. Further, to
facilitate inter-DFMS coordination, the Commission will mandate that
each of the DFMSs require the same registration and request
information, and will require that information submitted to the DFMS be
accurate, complete, and made in good faith. In addition, consistent
with determinations above, the Commission modifies the language in
proposed section 88.31(a) to clarify that it does not mandate that
assignment requests necessarily must include specific flight plans. It
will further require operators to keep any registration information up
to date and keep any request information up to date through the
scheduled end of the assignment. It will also require that a DFMS
maintain all records for at least 60 months.
Security. Given the limited record on specific security
requirements, however, the Commission adopts a minimum set of high
level requirements to address security concerns: (1) a DFMS must employ
protocols and procedures to ensure that all communications between the
DFMS and users or NNA stations in connection with a DFMS's NNA
functions are secure and that unauthorized parties cannot access, shut
down, or alter the DFMS or its stored information; (2) communications
between users and a DFMS, and between different DFMSs, must be secure
to prevent corruption or unauthorized interception of data, and a DFMS
must be protected from unauthorized data input or alteration of stored
data; and (3) a DFMS must verify that the NNA stations to be used in
operations are part 88 FCC-certified devices and must not provide
assignments to any other device. In addition, similar to a measure
adopted in connection with an internet-of-Things cybersecurity labeling
program, the Commission delegates authority to WTB in coordination
with, at a minimum, the Office of the Managing Director (OMD)
(specifically the Office of the Chief Information Officer) and, to the
extent necessary, the Office of General Counsel (OGC) (specifically the
Senior Agency Official for Privacy) to identify and impose on the DFMS
any applicable security or privacy requirements arising from Federal
law or Federal guidance.
Protection of other services. The Commission includes certain
requirements regarding the protection of certain non-UAS services,
discussed further below. In addition to these, it adopts a general
requirement that a DFMS be capable of receiving reports of interference
and requests for additional protection from Microwave Landing System
(MLS) users in the 5030-5091 MHz band or authorized users in adjacent
bands and promptly address interference issues.
Non-discrimination. The Commission adopts a requirement that
frequency assignment functions be performed in a non-discriminatory
manner, and specifically requires that assignment requests generally be
granted in a first-come-first-served manner subject only to the
priorities specified in the rules.
Prioritization. The Commission adopts two high-level requirements
regarding the prioritization of requests. First, in the event of
emergencies, a DFMS should, to the extent feasible and consistent with
the interests of aviation safety, prioritize requests from public
safety entities. The Commission does not permit prioritization in a way
that would terminate or modify an NNA user's assignment while the
assignments are in use during a UAS flight. As between the many other
important private sector uses and critical infrastructure, the non-
discrimination principle should apply. Second, the Commission adopts a
requirement that, in extended periods of congestion, the DFMS
prioritize requests involving flights relying on a single ground
station over requests that rely on multiple stations, to the extent
feasible and consistent with the interests of aviation safety. This
prioritization will still permit operations involving multiple ground
stations, while ensuring that the NNA spectrum serves its intended

[[Page 1385]]

purpose. To the extent that both of the adopted priorities come into
play, the public safety priority should take precedence.
2. DFMS Administrator Requirements
In the UAS NPRM, the Commission also proposed requirements for DFMS
administrators. Specifically, it proposed to require that
administrators:
<bullet> Operate a DFMS consistent with the rules.
<bullet> Establish and follow protocols and procedures to ensure
compliance with the rules.
<bullet> Provide service for a ten-year term. This term may be
renewed at the Commission's discretion.
<bullet> Securely transfer all the information in the DFMS to
another approved entity in the event it does not continue as the DFMS
Administrator at the end of its term. It may charge a reasonable price
for such conveyance.
<bullet> Develop a standardized process with other DFMS
Administrators for coordinating operations with other approved DFMSs,
avoiding any conflicting assignments, and maximizing shared use of
available frequencies.
<bullet> Coordinate with other DFMS Administrators including, to
the extent possible, sharing assignment and other information,
facilitating non-interference to and from operations relying on
assignments from other DFMSs, and other functions necessary to ensure
that use of available spectrum is safe and efficient and consistent
with this part.
<bullet> Ensure that the DFMS shall be available at all times to
immediately respond to requests from authorized Commission personnel
for any and all information stored or retained by the DFMS.
<bullet> Establish and follow protocols to comply with enforcement
instructions from the Commission.
The Commission largely adopts these as proposed. Given the critical
importance of inter-DFMS coordination to the safety and reliability of
the system, it modifies the coordination requirement to reflect that
the specified coordination is mandatory rather than a ``best efforts''
requirement. Further, in addition to the limits it adopts above on
requests to prevent monopolization of the NNA spectrum, the Commission
also expressly authorizes DFMS administrators to adopt additional
reasonable limits as necessary to address similar concerns.
Specifically, it provides that the DFMS administrator may implement
such reasonable limits on requests as are necessary to prevent the
hoarding, warehousing, monopolization, or otherwise excessive
reservation of NNA spectrum by a particular party.
As an additional mechanism to assist the Commission in its
enforcement responsibilities, DFMS administrators are required to
establish and follow protocols to comply with enforcement instructions
from the Commission. The Commission expects detailed enforcement
mechanisms and procedures employed by DFMSs to be developed during the
approval process described below, including mechanisms and procedures
to address unauthorized use of the spectrum, and that most issues will
be addressed through these mechanisms and procedures. However, the
Commission retains the ultimate responsibility for and authority over
NNA operations in the band. In the event that the DFMS is unable to
resolve disputes or identify and address the sources of harmful
interference or unauthorized or otherwise unlawful operations in the
band, these issues may be addressed by the Commission.
The Commission requires a DFMS to immediately respond to requests
from authorized Commission personnel for any and all information stored
or retained by the DFMS. It also anticipates that other Federal
agencies may have important interests in obtaining DFMS information,
particularly related to the coordination and protection of Federal UAS
operations in the band. Accordingly, it delegates authority to WTB, in
consultation with NTIA, to establish a process, as needed, for direct
access by Federal agencies to information stored or retained by the
DFMS, including the scope and terms of such access, through regulation,
guidance, or agreement, as appropriate.
Fees. The Commission authorizes administrators to charge reasonable
fees for registration, assignments, and other services, including
reasonable usage-based fees. DFMS fees will not only be necessary to
fund the development and operation of a DFMS, but can provide UAS
operators with important incentives to use the limited NNA spectrum
efficiently and discourage monopolization, warehousing, or hoarding.
3. DFMS and DFMS Administrator Approval Process
The Commission adopts an approach for review and approval of DFMS
and DFMS administrators similar to the Commission's process for
selection of Spectrum Access Systems (SASs) and SAS administrators, and
delegates authority jointly to WTB and OET to administer this process
in close consultation at all stages of the process with the FAA and
NTIA, as well as other administrative authority over the DFMS
comparable to the delegation granted to WTB and OET to administer the
SASs. It further delegates authority jointly to WTB and the Office of
the Managing Director (OMD) to determine fees, if any, in connection
with the filing of a petition to be a DFMS administrator. It also
direct WTB to obtain Office of Management and Budget review of all
information collections associated with this process as required under
the Paperwork Reduction Act.
4. Obtaining an Assignment From a DFMS
In the UAS NPRM, the Commission proposed rules governing the
process by which parties would obtain an NNA frequency assignment from
a DFMS. Among these, it proposed that NNA users registered with a DFMS
may submit a request for temporary frequency assignment for CNPC
limited to the duration and geographic coverage necessary to support a
single submitted UAS flight plan. It further proposed that requests may
be made either prior to an operation or submitted during the relevant
operation to modify the assignment, and that modification requests must
be made to the same DFMS responsible for the original assignment. In
addition, it proposed that, if frequencies meeting the request are
available, the DFMS would assign them on an exclusive but temporary
basis, with the scope of the assignment tailored in both duration and
geographic coverage to ensure interference-free communications for the
entire submitted UAS flight plan. It also proposed that, when using the
services of a DFMS, an NNA user shall comply with all instructions of
the DFMS Administrator, including those regarding registration,
requests and other submissions to the DFMS, and operational use of NNA
assignments.
Consistent with actions discussed above, instead of requiring
submission of a ``flight plan,'' the Commission establishes a more
flexible requirement to submit a ``UAS flight.'' Otherwise, it adopt
these provisions substantially as proposed.
5. Interim Access Mechanism
The Commission establishes an interim access mechanism (IAM) to
provide access to the 5030-5091 MHz band during the provisional period
before a DFMS is operational. Specifically, the IAM will be available
to all eligible NNA operators licensed by rule, and will allow limited,
short-term access to 20 megahertz of spectrum in

[[Page 1386]]

the 5040-5060 MHz band of frequencies. The initial access will only be
suitable for NNA operations, which are typically single flights or
events. In order for NNA operators to gain access and begin
transmission in the 5040-5060 MHz block, they must complete a two-step
process, including FAA coordination and FCC registration.
Transition to DFMS Management of NNA Spectrum. When a DFMS is first
granted final approval, as discussed above, WTB will issue a public
notice establishing the date on which the DFMS may begin operations,
after which parties seeking access to NNA spectrum must request a
frequency assignment from the DFMS. For the DFMS assignment process to
reliably determine interference impacts, it is critical that all UAS
operations have gone through a DFMS. Accordingly, after the date on
which a DFMS first begins operation, parties may not seek or use
assignments from the IAM. After such date, the spectrum available for
NNA operations will be restricted to 10 megahertz, as discussed above.
If WTB finds it appropriate to help ensure a smooth transition, it may
establish and announce by public notice a date prior to final approval
of a DFMS after which requests will no longer be processed through IAM,
but no earlier than the date of the first DFMS conditional approval.
Further, WTB is authorized to take any other necessary steps to ensure
a smooth transition to the DFMS management of the NNA spectrum,
including setting the date for a DFMS to begin operations a sufficient
period after the date of final approval to permit all or most of the
outstanding IAM approvals to expire.

C. Compatibility With Other Services

1. Microwave Landing Systems
Given that there are no non-Federal Microwave Landing System (MLS)
stations in the band, and that the Commission does not anticipate
licensing any future MLS systems, it adopts no measures to protect such
operations. Because it anticipates continued use of Federal MLS by the
Air Force, the Commission will establish exclusion zones to protect
such systems. Further, it will require the DFMS to retain information
on, and enforce, the zones sufficient to protect any Federal MLS
stations in the 5030-5091 MHz band. The Commission will coordinate with
NTIA to identify both the current locations of Federal MLS and the
appropriate exclusion zones, after which the exclusion zones will be
identified by Public Notice. To the extent that these locations change,
such changes can be addressed through a similar process. The Commission
delegates authority to WTB to issue the public notice identifying any
initial MLS exclusion zones as well and any subsequent public notices
necessary to identify changes.
2. Radionavigation-Satellite Service and AeroMACS
The Commission concludes that the technical requirements applicable
to NNA combined with the frequency separation between the NNA spectrum
and the 5010-5030 MHz band will be sufficient to provide compatibility
between NNA operations and Radionavigation-satellite Service (RNSS) in
the 5010-5030 MHz band. The Commission similarly concludes that the
adopted technical requirements, combined with the frequency separation,
will be adequate regulatory measures to provide compatibility between
NNA operations and AeroMACS in the upper and lower bands adjacent to
the 5030-5091 MHz band.
3. Aeronautical Mobile Telemetry
The Commission finds that the limits adopted through incorporation
by reference to provisions of RTCA DO-362A are also sufficient to
protect Aeronautical Mobile Telemetry (AMT) in the 5091-5150 MHz band.
Accordingly, it declines to require NNA operations to also comply with
the criteria of ITU-R M.1459.
4. Mobile Satellite Service Feeder Links
The Commission does not anticipate that rule-compliant fixed earth
stations in the 5091-5250 MHz band will cause harmful interference to
NNA operations in the 5030-5091 MHz band. Nevertheless, to address the
unlikely possibility of interference to UAS operations, the Commission
clarifies that a Mobile Satellite Service (MSS) feeder link licensee in
the 5091-5250 MHz band will only be responsible for curing harmful
interference from its earth station to NNA operations in the
neighboring 5030-5091 MHz band to the extent such interference is the
result of the licensee's non-compliance with applicable license or
regulatory requirements.
5. Radio Astronomy
National Radio Quiet Zone (NRQZ). The Commission requires
coordination within the NRQZ. As described in detail below, the
coordination requirements are modeled after the NRQZ coordination
procedures applicable to other services under section 1.924(a) of the
Commission's rules. Because these procedures assume that a station
license application is being submitted to the Commission, however, the
Commission modifies them to work with the instant context in which a
frequency assignment request will be submitted instead to a DFMS.
Specifically, it provide that parties planning to operate an NNA
station at locations within the NRQZ must notify the National Radio
Quiet Zone Administrator (NRQZ Administrator) in writing in advance or
simultaneously with the filing of the request. Although section
1.924(a) procedures are limited to fixed permanent stations, the
Commission finds that procedures for NNA operations in the 5030-5091
MHz band should apply more broadly. Given the inherently short-term
nature of NNA operations, such operations are likely to often rely on
temporary stations. Limiting coordination to permanent stations,
particularly with the aeronautical focus of the service, might
therefore not provide adequate coordination. The Commission also
adopts, however, two measures to reduce the burden of coordinating
short term operations. First, it provides that the NRQZ Administrator
may provide safe harbors for NNA operations in the NRQZ that do not
require notification, but a party submitting a frequency assignment
request under this exception must certify that their request meets the
criteria for a safe harbor and provide any additional supporting
documentation required by the DFMS. Further, if a party's operation or
revision of an operation is within the scope of an approval previously
granted to the party by the NRQZ Administrator, including any time
limits on the approval, altitude limits, or other applicable
conditions, the party need not provide notification of the operation or
revision to the NRQZ Administrator, but must submit the approval with
its assignment request.
CORF recommends that the coordination notice should be sent to
<a href="/cdn-cgi/l/email-protection#127c606368527c60737d3c777667">[email&#160;protected]</a>. The Commission adopts the same mailing address specified
in section 1.924(a) and applicable to every other service as the
initial point of contact, but also permits notification to be sent by
electronic mail to <a href="/cdn-cgi/l/email-protection#3b55494a417b55495a54155e5f4e">[email&#160;protected]</a>, which should facilitate a more rapid
coordination. The coordination process based on this notification will
largely follow the procedures under section 1.924(a), with appropriate
changes made to reflect the role of the DFMS. Thus, when a request for
frequency assignment is filed with the DFMS, the notification may be
submitted prior to or simultaneously

[[Page 1387]]

with the request. After receipt, the DFMS will allow a period of 20
days for objections. If a DFMS determines that a request is subject to
one of the two exceptions to notification discussed above, it shall
process the request without waiting the 20-day period.
If a DFMS receives an NRQZ Administrator approval of operations
that includes the operation associated with the request, if the request
is within the scope of a safe harbor established by the NRQZ
Administrator, or if the 20-day period passes without objection, the
DFMS shall process the request under normal procedures, except with
regard to the restriction established above that requests may not be
granted more than seven calendar days in advance. To accommodate the
20-day period for objections, the Commission provides that, when this
period is applicable, requests may be approved for periods commencing
more than seven calendar days after the submission of the request, but
no more than seven calendar days after the date of DFMS decision. If
objections are received in the 20-day period, the DFMS administrator
will forward the record, including the frequency request, to the
Commission. After consideration of the record, the Commission will take
whatever action is deemed appropriate, including, potentially,
providing direction to the relevant DFMS administrator regarding
resolution of the request.
RAS Outside the NRQZ. With regard to radio astronomy observations
in the adjacent 4990-5000 MHz band, the Commission confirms, as
recommended by NTIA and other commenters, that NNA operations remain
subject to footnote US211 of the Table of Allocations. The Commission
declines to adopt CORF's proposal for exclusion zones to protect
observations at sites in both the 4990-5000 MHz band and inside the
5030-5091 MHz band. To facilitate operation of both UAS systems and
radio astronomy systems, however, it will require a DFMS to immediately
notify the National Science Foundation, Division of Astronomical
Sciences, Electromagnetic Spectrum Management Unit, by email of any
assignments that it approves for UAS operations in the vicinity of the
radio astronomy facilities identified in footnote US385 of the Table of
Allocations, which identifies the sites at which radio astronomy
observations are performed in 4990-5000 MHz. Further, for clarity, the
Commission will list these facilities in the relevant part 88 rule.
6. Canadian and Mexican Coordination
The Commission does not adopt any measure at this time to address
operations near the border. Instead, DFMS administrators will be
required to demonstrate that their systems can and will enforce
agreements between the U.S., Canadian, and Mexican governments
regarding commercial operations in the 5030-5091 MHz Band. The specific
methods of enforcement will be determined and implemented by DFMS
administrators, with appropriate Commission oversight, after such
agreements are in place.

Procedural Matters

Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980,
as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' Accordingly, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA), below, concerning rule and policy changes
in the Report and Order.
Paperwork Reduction Act. The Report and Order contains new
information collection requirements subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13. All such new requirements will be
submitted to the Office of Management and Budget (OMB) for review under
section 3507(d) of the PRA. OMB, the general public, and other Federal
agencies will be invited to comment on any new or modified information
collection requirements contained in this proceeding. The Commission
will publish a separate document in the Federal Register at a later
date seeking these comments.
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is non-major
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission
will send a copy of the Report and Order to Congress and the Government
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Accessing Materials. The Office of Federal Register (OFR)
regulations require that agencies must discuss in the preamble to the
Federal Register summary of a final rule the ways that the materials
incorporated by reference are reasonably available to interested
parties and that interested parties can obtain the materials. In
addition, OFR regulations require that the preamble to the Federal
Register summary of a final rule summarize the material incorporated by
reference.
Sections 88.101, 88.103, 88.105, 88.107, and 88.109 of the rules
adopted herein incorporate by reference certain requirements in
standards established by the RTCA Special Committee-228, referred to as
RTCA, Inc. Command and Control (C2) Data Link Minimum Operational
Performance Standards (MOPS) (Terrestrial), RTCA-DO-362A (December 17,
2020). These standards provide the technical requirements for equipment
manufacturers and operators of equipment used for UAS NNA operations in
the 5030-5091 MHz band. In particular, the standards provide
information regarding the following technical parameters: transmitter
output power, emissions bandwidth, out-of-band emissions, emission
mask, and the applicable time division duplexing frame rate. The text
of RTCA DO-362A is available online for a fee at <a href="https://my.rtca.org/productdetails?id=a1B1R00000LoYFZUA3">https://my.rtca.org/productdetails?id=a1B1R00000LoYFZUA3</a>.

Final Regulatory Flexibility Analysis

As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Spectrum Rules and Policies for the Operation of
Unmanned Aircraft Systems; Petition of AIA for Rulemaking to Adopt
Service Rules for Unmanned Aircraft Systems Command and Control in the
5030-5091 MHz Band, Notice of Proposed Rulemaking (NPRM) released in
January 2023. The Federal Communications Commission (Commission) sought
written public comment on the proposals in the NPRM, including comments
on the IRFA. No comments were filed addressing the IRFA. This Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

In the Report and Order, the Commission takes significant action to
adopt initial service rules for uncrewed aircraft systems (UAS) in the
5030-5091 MHz band and enable UAS operators to access dedicated
spectrum with the required reliability to support safety-of-flight,
control-related communications while also allowing flexibility for the
industry to further develop. Specifically, the Commission adopts
service rules that provide operators the ability to obtain direct
frequency assignments in a portion of the 5030-5091 MHz band. These
service rules are necessary to provide a critical first step to promote
access by UAS operators to dedicated spectrum while also allowing a
consensus to emerge on key issues for

[[Page 1388]]

this industry. Achieving the extraordinary potential of UAS technology
will require integrating UAS operations into the National Airspace
System (NAS), including in the controlled airspace in which commercial
passenger flights operate and in circumstances with heightened risk,
such as flights involving large aircraft or carrying passengers or
flights beyond line of sight of the remote pilot. To ensure that these
flights are sufficiently safe for routine operation, highly reliable
wireless two-way communications for flight control and telemetry are
required. Therefore, the Commission adopts initial service rules for
the 5030-5091 MHz band.
In furtherance of these objectives, the Commission adopts service
rules where one or more dynamic frequency management systems (DFMSs)
will manage and coordinate access to the spectrum and enable its safe
and efficient use, by providing requesting operators with temporary
frequency assignments to support UAS control link communications with a
level of reliability suitable for operations in controlled airspace and
other safety-critical circumstances. To provide this level of
reliability, the Commission adopts technical requirements drawn from
minimum operational performance standards that were developed by an
aviation industry standards body specifically to support UAS control
links in the 5030-5091 MHz band and were approved by the Federal
Aviation Administration (FAA) for this purpose. To address concerns
regarding the impact of these aeronautical operations on adjacent
services, the Commission locates these operations, for now, in the
central part of the band, with substantial separation from the bands
adjacent to the 5030-5091 MHz band. The Commission finds wide support
in the record for enabling early, direct access to a portion of the
band for protected assignments under DFMS coordination and expects that
such access will help to facilitate the safe integration of UAS
operations into the NAS so that the United States can realize the
enormous potential benefits that UAS operations can provide.
The Commission is addressing service rules for UAS operations in
the 5030-5091 MHz band in phases. In this initial step, the Commission
opens a portion of the band for NNA operations to enable early, low-
cost access to the benefits of dedicated spectrum for UAS control
communications. The Commission anticipates that subsequent phases will
address broader use of the band, potentially with the assistance of a
Federal Advisory Committee or other efforts to further assess and
engage stakeholders on the potential uses of the band and the
appropriate regulatory measures to enable such uses, including but not
limited to studies pursuant to the implementation of the National
Spectrum Strategy. In subsequent phases, the Commission intends to
resolve issues including (1) the final band plan for the 5030-5091 MHz
band, which may include moving NNA operations to another location in
the band; (2) measures to ensure compatibility between UAS stations
operating at and near the edges of the 5030-5091 MHz band and services
in adjacent spectrum; and (3) service rules for exclusive-use licenses
enabling network-supported services in the band, including the scope of
such services. The Commission further intends to continue close
coordination with our Federal partners, including the FAA and the
National Telecommunications and Information Administration (NTIA), to
ensure that UAS operations supported by this band remain compatible
with aviation safety and concerns, and to develop an appropriate long-
term framework for the accommodation of Federal agencies seeking access
to the Federal allocation in the band for their own UAS operations.

B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA

There were no comments filed that specifically addressed the rules
and policies proposed in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration

Pursuant to the Small Business Jobs Act of 2010, which amended the
RFA, the Commission is required to respond to any comments filed by the
Chief Counsel for Advocacy of the Small Business Administration (SBA),
and to provide a detailed statement of any change made to the proposed
rules as a result of those comments. The Chief Counsel did not file any
comments in response to the proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply

The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one that: (1) is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the SBA.
Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. The Commission therefore
describes, at the outset, three broad groups of small entities that
could be directly affected herein. First, while there are industry
specific size standards for small businesses that are used in the
regulatory flexibility analysis, according to data from the Small
Business Administration's (SBA) Office of Advocacy, in general a small
business is an independent business having fewer than 500 employees.
These types of small businesses represent 99.9% of all businesses in
the United States, which translates to 33.2 million businesses.
Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2022, there were
approximately 530,109 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, the Commission estimates that
at least

[[Page 1389]]

48,724 entities fall into the category of ``small governmental
jurisdictions.''
Wireless Telecommunications Carriers (except Satellite). This
industry comprises establishments engaged in operating and maintaining
switching and transmission facilities to provide communications via the
airwaves. Establishments in this industry have spectrum licenses and
provide services using that spectrum, such as cellular services, paging
services, wireless internet access, and wireless video services. The
SBA size standard for this industry classifies a business as small if
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show
that there were 2,893 firms in this industry that operated for the
entire year. Of that number, 2,837 firms employed fewer than 250
employees. Additionally, based on Commission data in the 2022 Universal
Service Monitoring Report, as of December 31, 2021, there were 594
providers that reported they were engaged in the provision of wireless
services. Of these providers, the Commission estimates that 511
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, most of these providers can be considered
small entities.
Satellite Telecommunications. This industry comprises firms
``primarily engaged in providing telecommunications services to other
establishments in the telecommunications and broadcasting industries by
forwarding and receiving communications signals via a system of
satellites or reselling satellite telecommunications.'' Satellite
telecommunications service providers include satellite and earth
station operators. The SBA small business size standard for this
industry classifies a business with $38.5 million or less in annual
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms
in this industry operated for the entire year. Of this number, 242
firms had revenue of less than $25 million. Additionally, based on
Commission data in the 2022 Universal Service Monitoring Report, as of
December 31, 2021, there were 65 providers that reported they were
engaged in the provision of satellite telecommunications services. Of
these providers, the Commission estimates that approximately 42
providers have 1,500 or fewer employees. Consequently, using the SBA's
small business size standard, a little more than half of these
providers can be considered small entities.
All Other Telecommunications. This industry is comprised of
establishments primarily engaged in providing specialized
telecommunications services, such as satellite tracking, communications
telemetry, and radar station operation. This industry also includes
establishments primarily engaged in providing satellite terminal
stations and associated facilities connected with one or more
terrestrial systems and capable of transmitting telecommunications to,
and receiving telecommunications from, satellite systems. Providers of
internet services (e.g., dial-up ISPs) or Voice over internet Protocol
(VoIP) services, via client-supplied telecommunications connections are
also included in this industry. The SBA small business size standard
for this industry classifies firms with annual receipts of $35 million
or less as small. U.S. Census Bureau data for 2017 show that there were
1,079 firms in this industry that operated for the entire year. Of
those firms, 1,039 had revenue of less than $25 million. Based on this
data, the Commission estimates that the majority of ``All Other
Telecommunications'' firms can be considered small.
Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. This industry comprises establishments
primarily engaged in manufacturing radio and television broadcast and
wireless communications equipment. Examples of products made by these
establishments are: transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment. The SBA small business size standard for this
industry classifies businesses having 1,250 employees or less as small.
U.S. Census Bureau data for 2017 show that there were 656 firms in this
industry that operated for the entire year. Of this number, 624 firms
had fewer than 250 employees. Thus, under the SBA size standard, the
majority of firms in this industry can be considered small.
Uncrewed Aircraft Radio Equipment Manufacturers. Neither the SBA
nor the Commission have developed a small business size standard
specifically applicable to uncrewed aircraft radio equipment
manufacturers. Radio and Television Broadcasting and Wireless
Communications Equipment Manufacturing is the closest industry with an
SBA small business size standard. The SBA small business size standard
for this industry classifies businesses having 1,250 employees or less
as small. U.S. Census Bureau data for 2017 show that there were 656
firms in this industry that operated for the entire year. Of this
number, 624 firms had fewer than 250 employees. In addition, the SBA
provides a size standard for the Aircraft Manufacturing industry, which
includes the manufacture of uncrewed and robotic aircraft. The SBA
small business size standard for this industry classifies businesses
having 1,500 employees or less as small. U.S. Census Bureau data for
2017 show that there were 254 firms in this industry that operated for
the entire year. Of this number, 227 firms had fewer than 250
employees. Based on this data, the Commission concludes that a majority
of manufacturers in this industry are small.
Uncrewed Aircraft System Operators. Neither the Commission nor the
SBA have developed a small business size standard specifically
applicable to UAS operators. The Commission lacks data on the number of
operators in the United States that could be subject to the rules,
therefore it is not possible to determine the number of affected small
entity operators at this time. The Commission finds, however, that the
Regulatory Flexibility Analysis of the FAA Remote ID rule is helpful.
In this analysis, the FAA assessed the impact of the rule on small
entity non-recreational UAS operators based on an analysis that the
Association for Uncrewed Vehicle Systems International (AUVSI)
performed relating to part 107 waivers. In the analysis, the AUVSI
determined that 92 percent of the waivers were issued to entities with
fewer than 100 employees. Based on this data, the FAA determined that a
majority of entities currently operating uncrewed aircraft for other
than recreational purposes are small. Accordingly, based on the FAA's
determination, the Commission concludes that a majority of uncrewed UAS
operators are small entities.

E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities

The rules adopted in the Report and Order will implement new
reporting, recordkeeping, or other compliance requirements on certain
small entities. These requirements, which are summarized below, were
thoughtfully considered to minimize burdens to small businesses while
also ensuring the level of reliability necessary to support safety-
critical UAS communications. The Commission does not expect compliance
with the rules adopted in the Report and Order to cause small entities
to incur significant compliance costs. The Commission further notes
that while it sought comment from concerned parties regarding costs

[[Page 1390]]

related to compliance requirements, the record did not include concerns
raised by small entities about compliance costs.
Dynamic Frequency Management System. The Report and Order permits
more than one DFMS administrator to operate a DFMS in the band, and
each approved DFMS will be required to communicate and coordinate with
other approved DFMSs as necessary to ensure that their assignments are
consistent. It will be critical for DFMS administrators to agree on and
implement appropriate DFMS-to-DFMS lines of communication, as well as
protocols for coordination and common interference models, that ensure
any inconsistencies in assignments are avoided or are otherwise very
quickly identified and resolved. Furthermore, the Commission
establishes requirements that are high-level guidelines that describe
minimum requirements for DFMSs and DFMS administrators. A DFMS will
require sufficient information regarding the time, relevant geographic
area, and, potentially, altitude of a UAS operation to model potential
interference impacts; however, the Commission does not intend to
specify the particular content or format of that information, but to
give stakeholders flexibility to develop standards to implement this
requirement. The requests must be for spectrum to support a single UAS
flight, which should help to ensure that parties reserve spectrum only
for those times and frequencies that they actually need, and to
maximize the usage of the NNA spectrum.
The Report and Order adopts the proposed section 88.135
requirements from the NPRM, which include that (1) a DFMS must provide
a process for NNA users to register with the system for the purpose of
submitting frequency assignment requests and obtaining frequency
assignments; (2) a DFMS must be capable of processing frequency
assignment requests nationwide and across the entire 5030-5091 MHz
band; however, a DFMS may only make assignments for spectrum within
those frequencies in which NNA operations are permitted; (3) a DFMS
shall determine and provide, through an automated (non-manual) process,
an assignment of frequencies for a particular geographic area and time
period; and (4) assignments must account for the need to protect other
authorized operations.
The Commission also incorporates a high-level requirement regarding
the process of interference calculations. While the Commission does not
adopt any detailed requirements regarding the methodology or modeling
for interference calculations, the Commission agrees that the models
and methodologies for interference determinations should be both
accurate and consistent between different DFMSs. The Commission
envisions that stakeholders will establish detailed standards for
specific models and methods that meet the Commission's requirements,
but emphasizes that any standards established must be in compliance
with the rules. Furthermore, the Commission includes a requirement to
help ensure that parties requesting frequency assignments have the
necessary FAA pilot and flight authorizations, obligating a DFMS to
confirm through certifications that the party requesting a frequency
assignment has flight authorization from the FAA to cover the flight
associated with the assignment request, and that the flight will only
be piloted by parties that have the necessary FAA remote pilot
authorization. The Commission does not expect this requirement to be
time-consuming because, while a DFMS may implement additional measures
to obtain confirmation, the Commission only requires it to implement
certifications. Further, the Commission finds that it will provide
further assurance that the NNA spectrum is used for authorized
purposes. Finally, the Commission adopts a requirement that a DFMS be
capable of responding to in-flight revision requests.
Additionally, the Commission authorizes certain requirements for
communications between DFMS and NNA stations to better ensure
compliance with DFMS assignments, specifically that a DFMS be able to
communicate directly with a ground station operating in the NNA
spectrum, or proxy software acting on its behalf, to achieve the
following: (1) ensure that all NNA stations used in the operation,
including any ground or airborne stations, are programmed to limit
communications in the 5030-5091 MHz band, during the period of the
frequency assignment, to the specific frequencies assigned by the DFMS
and in accordance with the other terms of the assignment; and (2)
receive updates on flight status when an uncrewed aircraft has launched
and when it has landed. The Commission will similarly require NNA
ground stations to be capable of communicating with a DFMS as necessary
to achieve these functions. These obligations will better ensure
compliance with DFMS assignments.
In seeking to address concerns that a party may hoard or monopolize
the limited spectrum available for NNA operations, the Commission
adopts requirements that a DFMS grant assignments sufficient to provide
protected access over a duration and geographic area sufficient to
cover the entire submitted UAS flight but does not mandate that a DFMS
frequency assignment have the specific terms requested. These are
solely high-level obligations, and the Commission does not wish to
preclude administrators from developing common policies, standards, or
approaches regarding the assessment and granting of requests to better
meet the industry's collective need for this limited spectrum resource.
To further ensure prevention of monopolization and facilitate broader
access to NNA spectrum, the Commission provides that requests may only
be approved for an operation lasting no more than 24 hours and provides
that requests may not be approved for periods commencing eight or more
calendar days after the submission of the request, except to the extent
that lack of frequency availability in that time frame justifies a
later assignment. The Commission also adopts a requirement that a DFMS
communicate and coordinate with other DFMSs as necessary to ensure
consistent data and assignments, the safe and robust operation of
authorized services, and compliance with the rules to ensure the proper
functioning of the DFMSs.
The Commission does not define the specific information that a
party must submit with a frequency assignment request or with
registration. To facilitate inter-DFMS coordination, the Commission
will mandate that each DFMS require the same registration and request
information, and that information submitted to a DFMS be true,
complete, correct, and made in good faith. The Commission will further
require operators to keep any registration information up to date and
keep any request information up to date through the scheduled end of
the assignment. Further, the Commission will require a DFMS to maintain
all records for at least 60 months.
Regarding security, the Commission adopts high-level requirements
that (1) a DFMS must employ protocols and procedures to ensure that all
communications between the DFMS and users or NNA stations in connection
with a DFMS's NNA functions are secure and that unauthorized parties
cannot access, shut down, or alter the DFMS or its stored information;
and (2) communications between users and a DFMS, and between different
DFMSs, must be secure to prevent corruption or unauthorized
interception of data, and a DFMS must be protected from unauthorized
data input or alteration of

[[Page 1391]]

stored data; and (3) a DFMS must verify that the NNA stations to be
used in operations are FCC-certified devices and must not provide
assignments to an uncertified device.
Furthermore, the Commission adopts two high-level requirements
regarding the prioritization of requests. While the Commission will
generally require the DFMS to process requests in a non-discriminatory,
first-come-first-served manner, the Commission finds that two
priorities in the event of congestion are in the public interest.
First, the Commission provides that, in the event of emergencies, a
DFMS should, to the extent feasible and consistent with the interests
of aviation safety, prioritize requests from public safety entities.
The Commission expects that, as with other high-level requirements,
stakeholders will develop common standards regarding who qualifies as
public safety entities and other such questions. Second, the Commission
adopts a requirement that, in extended periods of congestion, the DFMS
prioritize requests involving flights relying on a single ground
station over requests that rely on multiple stations, to the extent
feasible and consistent with the interests of aviation safety. For both
of these requirements, the Commission anticipates that stakeholders
will work collaboratively to develop appropriate standards and
practices to implement them.
The Commission also adopts several requirements for DFMS
administrators. These obligations include: (1) operate a DFMS
consistent with the rules; (2) establish and follow protocols and
procedures to ensure compliance with the rules; (3) provide service for
a ten-year term, which may be renewed at the Commission's discretion;
(4) securely transfer all the information in the DFMS to another
approved entity in the event it does not continue as the DFMS
administrator at the end of its term; (5) develop a standardized
process with other DFMS administrators for coordinating operations with
other approved DFMSs, avoiding any conflicting assignments, and
maximizing shared use of available frequencies; (6) coordinate with
other DFMS administrators including sharing assignment and other
information, facilitating non-interference to and from operations
relying on assignments from other DFMSs, and other functions necessary
to ensure that use of available spectrum is safe and efficient and
consistent with the rules; (7) ensure that the DFMS shall be available
at all times to immediately respond to requests from authorized
Commission personnel for any and all information stored or retained by
the DFMS; (8) establish and follow protocols to comply with enforcement
instructions from the Commission; and (9) implement such reasonable
limits on requests as are necessary to prevent the hoarding,
warehousing, monopolization, or otherwise excessive reservation of NNA
spectrum by a particular party.
To assist in its enforcement responsibilities, the Commission
adopts a requirement that DFMS administrators establish and follow
protocols to comply with enforcement instructions from the Commission.
The Commission expects detailed enforcement mechanisms and procedures
employed by DFMSs to be developed during the approval process,
including mechanisms and procedures to address unauthorized use of the
spectrum, and the Commission anticipates that most issues will be
addressed through these mechanisms.
Radionavigation-Satellite Service. The 5010-5030 MHz band includes
an allocation for the radionavigation-satellite service (RNSS) (space-
to-Earth) for potential future use. Footnote 5.443C of the Table of
Frequency Allocations addresses requirements in the 5030-5091 MHz band
for the protection of RNSS downlinks. Specifically, it provides that
``[u]nwanted emissions from the aeronautical mobile (R) service in the
frequency band 5030-5091 MHz shall be limited to protect RNSS system
downlinks in the adjacent 5010-5030 MHz band'' and that ``[u]ntil such
time that an appropriate value is established in a relevant
International Telecommunication Union Radiocommunication Sector (ITU-R)
Recommendation, the equivalent isotropic radiated power density limit
of -75 dBW/MHz in the frequency band 5010-5030 MHz for any AM(R)S
station unwanted emission should be used.'' Footnote 5.443C further
limits aeronautical mobile (route) service (AM(R)S) use of the 5030-
5091 MHz band to ``internationally standardized aeronautical systems.''
As NNA operations services would be part of the AM(R)S allocation, the
requirements of footnote 5.443C would apply to such operations in the
5030-5091 MHz band.
AeroMACS. AeroMACS is a wireless broadband aeronautical mobile
(route) service system that will enable communications for surface
operations at airports between aircraft and other vehicles and between
other critical fixed assets. The Commission allocated both the 5000-
5030 MHz and 5091-5150 MHz bands for such use but has not yet
established service rules in either band. The AeroMACS allocation for
5010-5030 MHz further provides that in making assignments for this
band, attempts shall first be made to satisfy requirements in the bands
5000-5010 MHz and 5091-5150 MHz. The Commission concludes that the
adopted technical requirements, combined with the frequency separation,
will be adequate regulatory measures to provide compatibility between
NNA operations and AeroMACS in the upper and lower band. These limits
are drawn from the technical requirements of RTCA DO-362A, which are
detailed below.
Aeronautical Mobile Telemetry. The 5091-5150 MHz band is also
allocated for Federal and non-Federal aeronautical mobile telemetry
(AMT) communications from aircraft stations, subject to the technical
parameters in ITU Resolution 418 (WRC-12) intended to ensure
compatibility with other services. According to the NTIA, Federal
agencies currently use this allocation in the 5091-5150 MHz band to
support flight testing. The band is similarly used for non-Federal
flight-testing operations. As specified in footnote US111 of the Table
of Allocations, flight testing in the 5091-5150 MHz band is conducted
at seventeen locations, and additional locations may be authorized on a
case-by-case basis. The Commission finds that the limits adopted today,
drawn from RTCA DO-362A, are sufficient to protect AMT.
Mobile Satellite Service Earth Stations. As specified in the
footnote US444A of the Table of Allocations, the 5091-5250 MHz band is
also allocated to the fixed-satellite service (Earth-to-space) on a
primary basis for non-Federal use, limited to feeder links of non-
geostationary satellite systems in the Mobile Satellite Service (MSS).
After January 1, 2016, the 5091-5150 MHz portion of this allocation
permitted no new assignments. Globalstar operates gateway earth
stations in the 5096-5250 MHz band under this allocation as part of its
global mobile satellite service. To address the unlikely possibility of
interference with UAS operations, the Commission clarifies that the
responsibility to resolve interference between rule-compliant MSS earth
stations and UAS is on the new UAS services. MSS earth station
licensees in the 5091-5250 MHz band will only be responsible for curing
harmful interference from its earth station to NNA operations in the
neighboring 5030-5091 MHz band to the extent such interference is the
result of the licensee's non-compliance with applicable license or
regulatory requirements.
Radio Astronomy. In the Report and Order, the Commission requires

[[Page 1392]]

coordination within the National Radio Quiet Zone (NRQZ). The
coordination requirements are modeled after the NRQZ coordination
procedures applicable to other services under section 1.924(a) of the
Commission's rules but modified to work with the instant context in
which a frequency assignment request will be submitted instead to a
DFMS. Specifically, the Commission provides that parties planning to
operate an NNA station at locations within the NRQZ must notify the
NRQZ Administrator in writing in advance or simultaneously with the
filing of the request. To reduce the burden of coordinating short term
operations, the Commission adopts two measures: a provision that the
NRQZ Administrator may establish a safe harbor for NNA operations in
the NRQZ that do not require notification and a measure that a party
need not notify the NRQZ Administrator if the party's operation or
revision of an operation is within the scope of an approval previously
granted to the party by the NRQZ Administrator. Furthermore, the
coordination process will largely follow the procedures under section
1.924(a), with appropriate changes made to reflect the role of the
DFMS. Thus, when a request for frequency assignment is filed with the
DFMS, the notification may be submitted prior to or simultaneously with
the request. After receipt, the DFMS will allow a period of 20 days for
objections. If a DFMS determines that a request is subject to one of
the two exceptions to notification, it shall process the request
without waiting the 20-day period. If the DFMS receives a NRQZ
Administrator approval of operations that includes the operation
associated with the request, if the request is within the scope of a
safe harbor established by the NRQZ Administrator, or if the 20-day
period passes without objection, the DFMS will process the request
under normal procedures, except that requests may be approved for
periods commencing more than seven calendar days after the submission
of the request, but no more than seven calendar days after the date of
decision. If objections are received in the 20-day period, the DFMS
will forward the record, including the frequency request, to the
Commission. After consideration of the record, the Commission will take
whatever action is deemed appropriate, including, potentially,
directions to the DFMS administrator regarding resolution of the
request. Finally, to facilitate operation of both UAS systems and radio
astronomy systems, the Commission requires a DFMS to immediately notify
the National Science Foundation, Division of Astronomical Sciences,
Electromagnetic Spectrum Management Unit, by email of any assignments
that it approves for UAS operations in the vicinity of the radio
astronomy facilities identified in footnote US385 of the Table of
Allocations, which identifies the sites at which radio astronomy
observations are performed in 4990-5000 MHz.
Canadian and Mexican Coordination. International agreements with
Mexico and Canada do not currently address the use of the 5030-5091 MHz
band for UAS communications near the borders with those countries. DFMS
administrators will be required to demonstrate that their systems can
and will enforce agreements between the United States, Canadian, and
Mexican governments regarding commercial operations in the 5030-5091
MHz Band. The specific methods of enforcement will be determined and
implemented by DFMS administrators, with appropriate Commission
oversight, after the agreements are in place.
Interim Access Mechanism Registration. The Commission adopts an
interim access mechanism (IAM) to enable NNA entities to begin
operations in the band during the interim period before the DFMS is
operational. For IAM access, NNA operators holding an FAA authorization
must subsequently complete an on-line NNA registration form with the
Commission providing various basic information and certifications,
including a company or individual name, email address, and the
following certification statements: (1) they have complied with the FAA
authorization process; (2) they have/will comply with the Commission's
NNA rules and technical requirements; (3) all equipment utilized in NNA
operations meets the equipment certification requirements; and (4)
their authorization to use the IAM assignment terminates immediately in
the event a DFMS becomes operational prior to the end of the IAM
assignment. This registration process will not require a fee, or any
subsequent review process. Once the registration form is completed and
submitted, a confirmation number of their registration will be provided
and NNA operations can commence immediately. During the IAM, the
Commission will work with the FAA to resolve disputes or identify and
address the sources of harmful interference or unauthorized operations
in the 5030-5091 MHz band.
Compliance with RTCA DO-362A. In the Report and Order, the
Commission adopts rules based on RTCA DO-362A, which contains Minimum
Operational Performance Standards for terrestrial-based control-and-
non-payload communications (CNPC) point-to-point or point-to-multipoint
links in the 5030-5091 MHz band, including power limits, emission
limits, and frequency accuracy requirements. UAS entities are likely
familiar with RTCA DO-362A as the FAA recently issued a Technical
Standard Order (TSO) establishing minimum standards in the 5030-5091
MHz band based on the requirements in the RTCA DO-362A. It is
appropriate to adopt technical requirements based on the RTCA DO-362A
for governing the types of safety-of-flight UAS operations in the 5030-
5091 MHz band as these requirements are consistent with the AM(R)S
allocation for the band, the limitations associated with CNPC-only
operations, and because they are consistent with FAA standards.
First, as recommended by RTCA, the Commission adopts the
requirement of RTCA DO-362A standard related to Time Division Duplexing
(TDD) for NNA equipment and operations in the band. To minimize the
risk of interference and to achieve consistency with the FAA TSO based
on the RTCA DO-362A standard, the Commission finds it appropriate at
this time to incorporate into its rules the 50 ms TDD frame structure
requirement for NAA equipment and operations for CNPC purposes in the
5030-5091 MHz band. Second, the Commission declines to follow the
requirements of rule section 87.139(c) to avoid imposing potentially
inconsistent out-of-band emissions requirements with the FAA, which
mandates compliance with applicable emissions requirements in section 2
of the RTCA DO-362A standard. To provide stakeholders increased
flexibility, and in lieu of mandating the use of specific emission
designators, the Commission will permit an applicant seeking equipment
certification to specify the emission designator appropriate to its
equipment design and proposed operation, provided it meets the
technical requirements adopted today governing NNA equipment and
operations. Finally, the Commission delegates joint rulemaking
authority to the Wireless Telecommunications Bureau (WTB) and the
Office of Engineering and Technology (OET) to incorporate into the
Commission's rules, after notice and an opportunity for public comment,
any updated version of a previously incorporated technical standard
applicable to UAS operations in the 5030-5091 MHz band. This delegation
will facilitate expedited updates to the Commission's technical rules
based on evolving technical

[[Page 1393]]

standards. The Commission seeks to expedite necessary future changes to
accommodate updates in standards relevant to previously adopted
technical requirements.
Equipment Authorization. The Commission adopts the NPRM's proposal
to mandate equipment authorization requirements similar to those under
sections 87.145 and 87.147 of the Commission's rules to all equipment
intended for use in the 5030-5091 MHz band. Section 87.145 requires
that each transmitter must be certified for use in the relevant
service, and section 87.147 establishes a specific equipment
authorization for part 87 equipment, which for the frequencies in the
5030-5091 MHz band, among others, requires coordination with the FAA.
The NPRM's stated goal was to ensure that such equipment meets the
level of reliability and safety necessary of aviation equipment. The
Commission noted that 5030-5091 MHz UAS radio equipment must
independently satisfy any applicable FAA requirements and anticipated
that this coordination process would ensure that the 5030-5091 MHz
equipment authorizations by the Commission and the FAA are consistent
and that all equipment approved for use in the band will meet both
agencies' requirements. The Commission adopts these requirements as
well as requirements that transmitters be certified for use in the
relevant service through compliance with OET procedures for equipment
authorization under part 2, subpart J of the Commission's rules and
provide notification to the FAA when filing the requisite application.
This approach will ensure that necessary coordination occurs with the
FAA, given its responsibility for ensuring aviation safety in the
National Airspace System, and prevent harmful interference through NNA
equipment compliance with the relevant technical requirements. The
entities required to comply with equipment authorization will primarily
be equipment manufacturers, some of which include small entities.
Likewise, all entities--including small entities--will use this
authorized equipment.

F. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered

In the discussion of the issues the NPRM sought comment on, the
Commission raised alternatives and sought input such as technical
studies and cost-benefit analyses from small and other entities. By
requesting such information, the Commission gave small entities the
opportunity to broaden the scope of the Commission's understanding of
impacts, which may be readily apparent, and offer alternatives not
already considered that could minimize the economic impact on small
entities. The Commission has adopted alternatives that will minimize
compliance burdens on small entities, as described below.
Industry-focused, Multi-phase Rulemaking. In adopting these service
rules, the Commission intends for rules and policies to be adopted in
phases to ensure flexibility and innovation for this industry. This
initial phase adopts high-level rules that describe minimum
requirements for operation of the DFMS and encourages a multi-
stakeholder group addressing issues in the band to work collaboratively
to develop technical specifications and standards for DFMS operation,
and to explore other issues related to the evolving demands in the
band. This approach will allow small entities, to collaborate and reach
a consensus on key issues and present innovative solutions satisfactory
to the involved parties.
Although it imposes new requirements that could impact small
entities, in establishing these rules, the Commission balances the
administrative burden to entities with ensuring flight safety and
protecting against interference in a manner that minimizes the impact
to all UAS operators, including small entities. In this initial step,
the Commission opens a portion of the band for NNA operations to enable
early, low-cost access to dedicated spectrum for UAS control
communications. By providing low-cost access, small entities will be
able to utilize this spectrum without a significant financial cost.
Licensing Stations by Rule. In the Report and Order, the Commission
adopts a licensing approach that would not require individual
licensing, which will reduce the administrative burdens on small
entities who are UAS operators and the Commission. The Commission
implements a license-by-rule authorization for NNA operations, pursuant
to section 307(e) of the Communications Act, as amended. Under this
license-by-rule framework, parties using rule-compliant stations and
operating in compliance with the rules would only need to obtain the
requisite temporary frequency assignment from the DFMS in order to have
Commission authorization to transmit in the band in the assigned
location, frequency, and timeframe. To obtain Commission authorization
to use the NNA spectrum, NNA users must use certified, Commission-
approved NNA stations, and comply with the applicable NNA rules, but
need not obtain individual spectrum licenses from the Commission. A
license-by-rule approach will minimize the administrative burdens on
users and the Commission and facilitate use of NNA for exclusive,
short-term assignments focused on specific needs and operations.
The Commission has found that a license-by-rule approach will also
minimize the burden on small businesses and expedite the process for
UAS operators. More specifically, the Commission finds that licensing
by rule of NNA stations will serve the public interest, convenience,
and necessity and promote the efficient and robust use of the NNA
spectrum. A license-by-rule approach to use the NNA band will avoid the
administrative burdens on users and the Commission that would be
involved if NNA operations were licensed individually, facilitating the
use of NNA for short-term (but exclusive) assignments focused on
specific needs and operations rather than longer term authorizations
used only intermittently. In addition, the uniform support in the
record for this approach bolsters the Commission's confidence that this
approach is in the public interest. Because of this licensing approach,
the burden for small entities is minimized and provides them with more
accessibility to participate in this industry.
Interim Access Mechanism Registration. The Commission adopts an IAM
to enable NNA entities to begin operations in the band during the
interim period before the DFMS is operational. IAM registration is
accomplished by completing an on-line NNA registration form with the
Commission, which requires basic information and certifications. The
information required for registration is straightforward, which lessens
the administrative burden on small entities. To further minimize the
burden on registering entities, there will be no financial cost for
this registration process. Once the registration form is completed and
submitted, a confirmation number of their registration will be provided
and NNA operations can commence immediately. Therefore, there is not a
significant impact on small entities that seek to register. While there
is an added administrative burden to register with the Commission
during the IAM period, the cost of this added burden is balanced by the
ability of UAS operators, including small entities, to gain immediate
access to the 5030-5091 MHz band.

[[Page 1394]]

Equipment Authorization. The Commission adopts equipment
authorization requirements similar to those under Sec. Sec. 87.145 and
87.147 of the Commission's rules to all equipment intended for use in
the 5030-5091 MHz band. Section 87.145 requires that each transmitter
must be certified for use in the relevant service, and section 87.147
establishes a specific equipment authorization for part 87 equipment,
which for the frequencies in the 5030-5091 MHz band among others,
requires coordination with the FAA. The Commission adopts these
requirements that transmitters be certified for use in the relevant
service through compliance with OET procedures for equipment
authorization under part 2, subpart J of the Commission's rules and
that the FAA is notified when filing the requisite application.
Applying this approach to UAS equipment will ensure that necessary
coordination occurs with the FAA, and that equipment authorizations by
the Commission and the FAA are consistent and that all equipment
approved for use in the band meet both agencies' requirements. The
entities required to comply with equipment authorization will primarily
be equipment manufacturers, some of which include small entities.
However, the Commission balances the regulatory burden imposed by these
equipment authorization requirements with the importance of a process
that will aid the FAA's aviation safety responsibilities and help
protect against harmful interference and believes that these
requirements do not impose a significant burden on small entities.
Furthermore, all entities--including small entities--will use and,
thus, need to certify that they are using authorized equipment, but
most small UAS entities will not be directly affected by these
requirements beyond using the equipment.

Ordering Clauses

Accordingly, it is ordered, pursuant to sections 1, 4, 301, 303,
307, and 310 of the Communications Act of 1934, as amended, 47 U.S.C.
151, 154, 301, 303, 307, and 310, that the Report and Order is hereby
adopted.
It is further ordered that the Report and Order, including the
rules as set forth in Appendix A, shall be effective thirty (30) days
after publication in the Federal Register, with the exception of
Sec. Sec. 88.27, 88.31, 88.33, 88.35, 88.111, 88.113, 88.115, 88.135,
88.137, and 88.141 of the Commission's rules, 47 CFR 88.27, 88.31,
88.33, 88.35, 88.111, 88.113, 88.115, 88.135, 88.137, 88.141, which may
contain new or modified information collection requirements that
require review by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act and will take effect after the Wireless
Telecommunications Bureau publishes a notice in the Federal Register
announcing the completion of such review and the relevant effective
date(s).
It is further ordered that the Office of the Secretary, Reference
Information Center, shall send a copy of the Report and Order,
including the Final Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
It is further ordered that the Commission shall send a copy of the
Report and Order in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 0

Authority delegations (Government agencies), Organization and
functions (Government agencies).

47 CFR Part 1

Administrative practice and procedure, Communications,
Communications equipment, Radio, Reporting and recordkeeping
requirements, Wireless radio services.

47 CFR Part 2

Communications equipment.

47 CFR Part 87

Communications equipment, Radio.

47 CFR Part 88

Communications, Communications equipment, Incorporation by
reference, Radio, Reporting and recordkeeping requirements, Unmanned
aircraft.

47 CFR Part 95

Communications equipment, Incorporation by reference, Radio,
Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0, 1, 2, 87, 95, and adds
part 88, as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 409, and
1754, unless otherwise noted.

0
2. Amend Sec. 0.241 by adding paragraphs (a)(1)(iii) and (m) to read
as follows:

Sec. 0.241 Authority delegated.

(a) * * *
(1) * * *
(iii) The Chief of the Office of Engineering and Technology is
delegated authority, along with the Chief of the Wireless
Telecommunications Bureau, by notice-and-comment rulemaking if required
by statute or in the public interest, to issue an order amending rules
in part 88 of this chapter that reference industry standards to specify
revised versions of the standards. These delegations are limited to
modifying rules to reference revisions to standards that are already in
the rules and not to incorporate a new standard into the rules, and are
limited to the approval of changes that do not raise major compliance
issues.
* * * * *
(m) The Chief of the Office of Engineering and Technology is
delegated authority jointly with the Chief of the Wireless
Telecommunications Bureau to administer the Dynamic Frequency
Management System (DFMS) and DFMS Administrator functions set forth in
part 88 of this chapter. The Chief is delegated authority to administer
the process of DFMS Administrator approval in close consultation with
the FAA and NTIA, including authority to develop specific methods that
will be used to designate DFMS Administrators; to designate DFMS
Administrators; to develop procedures that these DFMS Administrators
will use to ensure compliance with the requirements for DFMS operation;
and to make determinations regarding the continued acceptability of
individual DFMS Administrators.

0
3. Amend Sec. 0.331 by revising the introductory text of paragraph (d)
and adding paragraph (j) to read as follows:

Sec. 0.331 Authority delegated.

* * * * *
(d) Authority concerning rulemaking proceedings. The Chief,
Wireless Telecommunications Bureau, shall not have the authority to act
upon notices of proposed rulemaking and inquiry, final orders in
rulemaking proceedings and inquiry proceedings, and reports arising
from any of the foregoing except such orders involving ministerial
conforming amendments to rule parts, or orders conforming any of the
applicable rules to formally adopted international conventions or
agreements where novel questions of fact, law, or policy are not
involved. Orders

[[Page 1395]]

conforming any of the applicable rules in part 17 of this chapter to
rules formally adopted by the Federal Aviation Administration also need
not be referred to the Commission if they do not involve novel
questions of fact, law, or policy. In addition, revisions to the
airport terminal use list in Sec. 90.35(c)(61) of this chapter and
revisions to the Government Radiolocation list in Sec. 90.371(b) of
this chapter need not be referred to the Commission. Adoption of
certain technical standards applicable to hearing aid compatibility
under Sec. 20.19 of this chapter made together with Chief of the
Office of Engineering and Technology, as specified in Sec. 20.19(k) of
this chapter, also need not be referred to the Commission. Adoption of
amendments to rules in part 88 of this chapter by notice-and-comment
rulemaking, along with the Chief of the Office of Engineering and
Technology as specified in Sec. 0.241(a)(1)(iii), that reference
industry standards to specify revised versions of the standards, need
not be referred to the Commission, however, these delegations are
limited to modifying rules to reference revisions to standards that are
already in the rules and not to incorporate a new standard into the
rules, and are limited to the approval of changes that do not raise
major compliance issues. Also, the addition of new Marine VHF frequency
coordination committee(s) to Sec. 80.514 of this chapter need not be
referred to the Commission if they do not involve novel questions of
fact, policy or law, as well as requests by the United States Coast
Guard to:
* * * * *
(j) Authority concerning the administration of dynamic frequency
management systems. The Chief of the Wireless Telecommunications Bureau
is delegated authority jointly with the Chief of the Office of
Engineering and Technology to administer the Dynamic Frequency
Management System (DFMS) and DFMS Administrator functions set forth in
part 88 of this chapter. The Chief is delegated authority to administer
the process of DFMS Administrator approval in close consultation with
the FAA and NTIA, including authority to develop specific methods that
will be used to designate DFMS Administrators; to designate DFMS
Administrators; to develop procedures that these DFMS Administrators
will use to ensure compliance with the requirements for DFMS operation;
and to make determinations regarding the continued acceptability of
individual DFMS Administrators.

PART 1--PRACTICE AND PROCEDURE

0
4. The authority citation for part 1 continues to read as follows:

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47
U.S.C. 1754, unless otherwise noted.

0
5. Revise Sec. Sec. 1.901 and 1.902 to read as follows:

Sec. 1.901 Basis and purpose.

The rules in this subpart are issued pursuant to the Communications
Act of 1934, as amended, 47 U.S.C. 151 et seq. The purpose of the rules
in this subpart is to establish the requirements and conditions under
which entities may be licensed in the Wireless Radio Services as
described in this part and in parts 13, 20, 22, 24, 27, 30, 74, 80, 87,
88, 90, 95, 96, 97, and 101 of this chapter.

Sec. 1.902 Scope.

In case of any conflict between the rules set forth in this subpart
and the rules set forth in parts 13, 20, 22, 24, 27, 30, 74, 80, 87,
88, 90, 95, 96, 97, and 101 of title 47, chapter I of the Code of
Federal Regulations, the rules in this part shall govern.

0
6. Amend Sec. 1.907 by revising the definitions of ``Private Wireless
Services'' and ``Wireless Radio Services'' to read as follows:

Sec. 1.907 Definitions.

* * * * *
Private Wireless Services. Wireless Radio Services authorized by
parts 80, 87, 88, 90, 95, 96, 97, and 101 of this chapter that are not
Wireless Telecommunications Services, as defined in this part.
* * * * *
Wireless Radio Services. All radio services authorized in parts 13,
20, 22, 24, 26, 27, 30, 74, 80, 87, 88, 90, 95, 96, 97 and 101 of this
chapter, whether commercial or private in nature.
* * * * *

0
7. Amend Sec. 1.924 by adding paragraph (a)(4) to read as follows:

Sec. 1.924 Quiet Zones.

(a) * * *
(4) Parties subject to subpart B of part 88 of this chapter shall
follow the requirements of Sec. 88.35 of this chapter instead of the
requirements of paragraph (a) of this section.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS

0
8. The authority citation for part 2 continues to read as follows:

Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.

0
9. Amend Sec. 2.1055 by revising paragraph (a)(2) to read as follows:

Sec. 2.1055 Measurements required: Frequency stability.

(a) * * *
(2) From -20[deg] to +50[deg] centigrade for equipment to be
licensed for use in the Maritime Services under part 80 of this
chapter, except for Class A, B, and S Emergency Position Indicating
Radiobeacons (EPIRBS), and equipment to be licensed for use above 952
MHz at operational fixed stations in all services, stations in the
Local Television Transmission Service and Point-to-Point Microwave
Radio Service under part 21 of this chapter, equipment licensed for use
aboard aircraft in the Aviation Services under part 87 of this chapter,
uncrewed aircraft stations (as defined in Sec. 88.5 of this chapter)
in the Uncrewed Aircraft System Services under part 88 of this chapter,
and equipment authorized for use in the Family Radio Service under part
95 of this chapter.
* * * * *

PART 87--AVIATION SERVICES

0
10. The authority citation for part 87 continues to read as follows:

Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise
noted.

0
11. Amend Sec. 87.1 by revising paragraph (b) to read as follows:

Sec. 87.1 Basis and purpose.

* * * * *
(b) Purpose. Except as provided in part 88 of this chapter, this
part states the conditions under which radio stations may be licensed
and used in the aviation services. These rules do not govern U.S.
Government radio stations.

0
12. Add part 88 to read as follows:

PART 88--UNCREWED AIRCRAFT SYSTEM SERVICES

Subpart A--General Rules

Sec.
88.1 Scope.
88.3 Application of other rule parts.
88.5 Definitions.
Subpart B--Non-Networked Access
88.25 Limitations on NNA communications.
88.27 Authorization.
88.29 Frequencies.
88.31 Non-networked access use.
88.33 Information requirements.
88.35 National radio quiet zone coordination.

[[Page 1396]]

Subpart C--[Reserved]
Subpart D--Technical Requirements
88.101 Transmitter power.
88.103 Emissions bandwidth.
88.105 Emission mask.
88.107 Out-of-band emission limits.
88.109 Time division duplex requirement.
88.111 Certification required.
88.113 Authorization of equipment.
88.115 RF safety.
88.117 Incorporation by reference.
Subpart E--Dynamic Frequency Management Systems
88.135 DFMS requirements.
88.137 DFMS administrators.
88.139 DFMS administrator fees.
88.141 Interim access mechanism.

Authority: 47 U.S.C. 154(i), 303, 307.

Subpart A--General Rules

Sec. 88.1 Scope.

This part sets forth the regulations governing the use of the 5030-
5091 MHz band by Uncrewed Aircraft Systems.

Sec. 88.3 Application of other rule parts.

(a) Except as expressly provided under this part, part 87 of this
chapter shall not apply to uncrewed aircraft systems communications in
the 5030-5091 MHz band.
(b) Non-Networked Access (NNA) devices, as defined in this part,
are considered part of the Citizens Band Radio Service, as defined in
Sec. 95.303 of this chapter. Except for the definitions of Citizens
Band Radio Service and Uncrewed Aircraft System Services in Sec.
95.303, the rules of part 95 of this chapter shall not apply to such
devices.

Sec. 88.5 Definitions.

The following terms and definitions apply only to the rules in this
part.
Control and Non-payload Communications (CNPC). Any transmission
that is sent between the UA component and the UAS ground station of the
UAS and that supports the safety or regularity of the UA's flight.
Dynamic Frequency Management System (DFMS). A frequency
coordination system operating in the 5030-5091 MHz band that:
(1) Is highly automated and capable of providing rapid responses to
frequency assignment requests from registered NNA operators, and
(2) In response to such requests, is capable of assigning to the
requesting operator temporary protected use of certain frequencies for
a particular geographic area and time period tailored to the operator's
submitted operation, to the extent such frequencies are available.
Dynamic Frequency Management System (DFMS) Administrator. An entity
authorized by the Commission to operate a DFMS in accordance with the
rules and procedures set forth in subpart E of this part.
Interim Access Mechanism (IAM). A process by which non-networked
access users will be allowed temporary, short-term access to 5040-5060
MHz frequencies in the period before the first DFMS is approved and
placed into operation.
Non-Networked Access (NNA). Temporary, interference-protected
access to the 5030-5091 MHz band consistent with subpart B of this
part.
Non-Networked Access (NNA) station. An uncrewed aircraft system
ground station or uncrewed aircraft station authorized under this part
and designed to communicate using NNA assignments consistent with
subparts B and D.
Non-Networked Access (NNA) user. An authorized user of spectrum in
the 5030-5091 MHz band operating on an NNA basis, as set forth in
subpart B.
Payload. Information that is sent to or from a UA component to
achieve mission objectives and is not CNPC.
Uncrewed Aircraft (UA). An aircraft operated without the
possibility of direct human intervention from within or on the
aircraft.
Uncrewed Aircraft Station. A mobile station authorized under this
part and located on board a UA.
Uncrewed Aircraft System (UAS). A UA and its associated elements
(including an uncrewed aircraft station, communication links, and the
components not on board the UA that control the UA) that are required
for the safe and efficient operation of the UA in the airspace of the
United States.
Uncrewed Aircraft System (UAS) Ground Station. Radio communications
equipment on the ground used to maintain control over or otherwise
communicate with a UA.

Subpart B--Non-Networked Access

Sec. 88.25 Limitations on NNA communications.

(a) Transmissions over an NNA assignment are limited to CNPC.
(b) UAS ground stations may be fixed or mobile, but mobile ground
stations cannot be used while in motion or at locations other than
those approved under the applicable frequency assignment.

Sec. 88.27 Authorization.

(a) Any entity, other than those precluded by section 310 of the
Communications Act of 1934, as amended, 47 U.S.C. 310, and that
otherwise meets the technical, financial, character, and citizenship
qualifications that the Commission may require in accordance with such
Act, is eligible to be an NNA user and operate NNA stations under this
part.
(b) NNA users are licensed by the rules in this part and do not
need an individual license issued by the Commission. Even though an
individual license is not required, an NNA user licensed by the rules
in this part must comply with all applicable operating requirements,
procedures, and technical requirements found in this part.
(c) To transmit in the frequencies of the 5030-5091 MHz band
designated for NNA operations, an NNA user must register with a DFMS
and comply with its instructions and the rules in this part.
(d) Registered NNA users may transmit in the frequencies of the
5030-5091 MHz band designated for NNA operations only using NNA
stations compliant with the rules of this part, and only pursuant to
and consistent with the terms of a frequency assignment from a
Commission-approved DFMS.

Sec. 88.29 Frequencies.

(a) The 5040-5050 MHz band is designated to NNA users for CNPC use.
(b) In the period prior to the approval and commencement of
operation by the first DFMS administrator, NNA users may access the
5040-5060 MHz band pursuant to the IAM process, as set forth in Sec.
88.141.

Sec. 88.31 Non-networked access.

(a) Parties registered with a DFMS may submit a request to the DFMS
for temporary frequency assignments for CNPC limited to the duration
and geographic coverage necessary to support a single submitted UAS
flight. Requests may also be made either prior to or during the
relevant operation to modify an assignment. Such requests must be made
to the same DFMS responsible for the original assignment.
(b) If frequencies meeting the request are available, the DFMS
shall assign them on an exclusive but temporary basis. The scope of the
assignment shall be tailored in both duration and geographic coverage
to ensure interference-free communications for the entire submitted UAS
flight.
(c) When registering with or using the services of a DFMS, a party
shall comply with all DFMS Administrator instructions, including those
regarding registration process and procedures, requests and other
submissions to the DFMS, and operational use of NNA assignments.
(d) UAS operations using NNA assignments within the National Radio

[[Page 1397]]

Quiet Zone (NRQZ) are prohibited without the prior coordination with
the NRQZ administrator required under Sec. 88.35. Consistent with
Sec. 2.106(c)(211) of this chapter, NNA users should take all
practicable steps to protect radio astronomy in the 4990-5000 MHz band,
subject to Sec. 2.106(c)(74) of this chapter.
(e) Any UAS ground station using an NNA assignment to support a UAS
flight, or proxy software acting on the ground station's behalf, must
be capable of communicating with the assigning DFMS to achieve the
following:
(1) confirm that all NNA stations used in the operation, including
any UAS ground station or airborne station used in the flight, are
programmed to limit communications in the 5030-5091 MHz band, during
the period of the frequency assignment, to the specific frequencies
assigned by the DFMS and in accordance with the other terms of the
assignment; and
(2) send updates on flight status when a UA has launched and when
it has landed.

Sec. 88.33 Information requirements.

(a) Information submitted to a DFMS with registration or a
frequency assignment request must be accurate, complete, and made in
good faith. Registration information must include a party's legal name
and contact information, as well as other information required by the
DFMS.
(b) Parties must keep registration information up to date, and must
keep frequency assignment request information up to date until the
scheduled time of the operation.

Sec. 88.35 National radio quiet zone coordination.

(a) Except as provided in paragraphs (a)(1) and (2) of this
section, parties planning to operate an NNA station within the area
bounded by N 39[deg]15'0.4'' on the north, W 78[deg]29'59.0'' on the
east, N 37[deg]30'0.4'' on the south, and W 80[deg]29'59.2'' on the
west must notify the National Radio Quiet Zone Administrator (NRQZ
Administrator) in writing at Post Office Box No. 2, Green Bank, West
Virginia 24944, or by email to <a href="/cdn-cgi/l/email-protection#137d616269537d61727c3d767766">[email&#160;protected]</a>, of the technical details
of the proposed operation. The notification must include the
geographical coordinates of ground station antenna locations,
associated ground station antenna height, antenna directivity (if any),
the maximum airborne station altitude, the maximum airborne station
flight altitude (MSL or AGL), the frequencies, the emission type, and
power.
(1) If an operation or revision of an operation is within the
scope, including any applicable conditions, of a previously granted
approval from the NRQZ Administrator, parties need not provide
notification of the operation or revision to the NRQZ Administrator,
but must submit the approval with any frequency assignment request
relying on this exception.
(2) If the NRQZ Administrator establishes criteria for NNA
operations in the NRQZ that do not require notification to the NRQZ
Administrator, and an operation or revision of an operation is within
the scope of such criteria, a party need not provide notification of
the operation or revision to the NRQZ Administrator, but, when
submitting their request, must certify that their request meets the
criteria for NNA operations in the NRQZ that do not require
notification to the NRQZ Administrator and provide any additional
supporting documentation required by the DFMS.
(3) When a request for concurrence is submitted to the FAA under
the Interim Access Mechanism provided under Sec. 88.141, the request
must state the date that notification in accordance with paragraph (a)
of this section was made or provide an approval from the NRQZ
Administrator for operations within the NRQZ or portions thereof along
with the maximum operating altitude allowed.
(b) When a request for frequency assignment involving an NNA
station subject to paragraph (a) of this section is submitted to a
DFMS, the required notification must be made prior to or simultaneously
with the request. The request must state the date that notification in
accordance with paragraph (a) of this section was made. After receipt
of such a request, the DFMS shall allow a period of 20 days for
objections in response to the notifications indicated. If a DFMS
determines that a request is subject to an exception to notification
under paragraphs (a)(1) or (2) of this section, it shall process the
request without waiting the 20-day period. In instances in which
notification has been made to the NRQZ Administrator prior to the
submission of the request, the requesting party must also provide
notice to the NRQZ Administrator upon actual submission of the request
with the DFMS, specifying which DFMS has received the request. Such
notice will be made simultaneous with the submission of the request and
shall comply with the requirements of paragraph (a) of this section.
(c) If an objection from the NRQZ Administrator is received by a
DFMS during the 20-day period specified in paragraph (b) of this
section, the DFMS shall forward the record, including the assignment
request, associated NNA station details, and objection, to the FCC. The
FCC will, after consideration of the record, take whatever action is
deemed appropriate.

Subpart C--[Reserved]

Subpart D--Technical Requirements

Sec. 88.101 Transmitter power.

Transmitters operating in the 5030-5091 MHz band must comply with
the transmitter output power specified in technical standard RTCA DO-
362A (incorporated by reference, see Sec. 88.117) section 2.2.1.6.1
and associated subsections.

Sec. 88.103 Emissions bandwidth.

The authorized bandwidth is the maximum occupied bandwidth
authorized to be used by a station. Transmitters operating in the 5030-
5091 MHz band must comply with the channel width requirements, channel
placement requirements, tunability requirements, and non-video channel
bandwidth limitations specified in technical standard RTCA DO-362A
(incorporated by reference, see Sec. 88.117) sections 2.2.1.5.2,
2.2.1.5.3, 2.2.1.5.4, and 2.2.1.5.6, respectively.

Sec. 88.105 Emission mask.

Transmitters operating in the 5030-5091 MHz band must comply with
the ARS and GRS radio transmitter power spectral density (PSD) limits
specified in technical standard RTCA DO-362A (incorporated by
reference, see Sec. 88.117) section 2.2.1.6.2.1.

Sec. 88.107 Out-of-band emission limits.

Transmitters operating in the 5030-5091 MHz band must comply with
the out-of-band-emission limits specified in technical standard RTCA
DO-362A (incorporated by reference, see Sec. 88.117) section 2.2.1.8.2
and associated subsections. On any frequency outside the 5030-5091 MHz
band that is not addressed by RTCA DO-362A section 2.2.1.8.2 and
associated subsections, the power of any emission, as measured over a 1
megahertz resolution bandwidth, shall be attenuated outside the band
below the transmitter power (P) by at least 43 + 10log(P) dB.

Sec. 88.109 Time division duplex requirement.

Transmitters operating in the 5030-5091 MHz band must comply with
the time division duplex (TDD) frame structure and timing accuracy
requirements specified in technical standard RTCA DO-362A (incorporated
by reference, see Sec. 88.117) sections 2.2.1.3 and 2.2.1.3.1.

[[Page 1398]]

Sec. 88.111 Certification required.

Each transmitter utilized for operation under this part and each
transmitter marketed as set forth in Sec. 2.803 of this chapter must
be certified by the Commission for use in part 88 services following
the procedures set forth in part 2, subpart J of this chapter.

Sec. 88.113 Authorization of equipment.

An applicant for certification of equipment intended for
transmission in the 5030-5091 MHz band must notify the FAA of the
filing of a certification application. The letter of notification must
be mailed to: FAA, Spectrum Engineering Service Group, AJW-1900, 800
Independence Ave. SW, Washington, DC 20591 prior to the filing of the
application with the Commission.
(a) The notification letter must describe the equipment, and give
the manufacturer's identification, antenna characteristics, rated
output power, emission type and characteristics, the frequency or
frequencies of operation, and essential receiver characteristics if
protection is required.
(b) The certification application must include a copy of the
notification letter to the FAA. The Commission will not act until it
receives the FAA's determination regarding whether it objects to the
application for equipment authorization. The FAA should mail its
determination to: Office of Engineering and Technology Laboratory
Division, Equipment Authorization and Compliance Branch, 7435 Oakland
Mills Rd., Columbia, MD 21046. The Commission will consider the FAA
determination before taking final action on the application.

Sec. 88.115 RF safety.

Licensees and manufacturers are subject to the radio frequency
radiation exposure requirements specified in Sec. Sec. 1.1307(b),
1.1310, 2.1091, and 2.1093 of this chapter, as appropriate.
Applications for equipment authorization of mobile or portable devices
operating under this section must contain a statement confirming
compliance with these requirements for both fundamental emissions and
unwanted emissions and technical information showing the basis for this
statement must be submitted to the Commission upon request.

Sec. 88.117 Incorporation by reference.

The standards referenced in this section are incorporated by
reference into this subpart with the approval of the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
The approved material is available for inspection at the Federal
Communications Commission (FCC) and at the National Archives and
Records Administration (NARA). Contact the FCC at: 45 L Street NE,
Reference Information Center, Room 1.150, Washington, DC 20554; phone:
(202) 418-0270. For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#3d5b58594f585a1351585a5c517d535c4f5c135a524b">[email&#160;protected]</a> or go to <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>. The material may be obtained from RTCA,
Inc., 1150 18th Street NW, Suite 910, Washington, DC 20036; phone: 202-
833-9339; email: <a href="/cdn-cgi/l/email-protection#462f282029063432252768293421">[email&#160;protected]</a>; website: <a href="http://RTCA.org">http://RTCA.org</a>.
(a) RTCA-DO-362A, Command and Control (C2) Data Link Minimum
Operational Performance Standards (MOPS) (Terrestrial), dated December
17, 2020.
(b) [Reserved]

Subpart E--Dynamic Frequency Management Systems

Sec. 88.135 DFMS requirements.

(a) A DFMS must provide a process for NNA users to register with
the system for the purpose of submitting frequency assignment requests
and obtaining frequency assignments.
(b) All DFMSs must require the same registration and frequency
assignment request information. Registration shall require, among other
information, the registrant's legal name and contact information.
(c) A DFMS must be capable of processing frequency assignment
requests nationwide and across the entire 5030-5091 MHz band. However,
a DFMS may only grant assignments for spectrum within those frequencies
specified under Sec. 88.29(a).
(d) In response to a frequency assignment request from a registered
party, a DFMS shall determine and provide, through a process that is
highly automated and capable of rapid responses to frequency assignment
requests, an assignment of frequencies for a particular geographic area
and time period tailored to the submitted UAS flight, to the extent
that frequencies are available to meet the request and grant of the
assignment is otherwise consistent with this part. Assignments must
provide protected access to frequencies over a duration and geographic
area sufficient to cover and support the entire UAS flight. Assignments
may specify channels and maximum transmit power level.
(e) A DFMS may not terminate an assignment while a flight is
ongoing or modify the assignment during this time unless pursuant to a
revision request from the assignee.
(f) Assignments must account for the need to protect other
authorized operations.
(g) Models and methodologies for interference determinations used
by a DFMS should be both effective in avoiding harmful interference and
consistent between different DFMSs.
(h) For each frequency assignment request, a DFMS must confirm
through certifications in the frequency assignment request process that
the requesting party has flight authorization from the FAA to cover the
flight associated with the frequency assignment request, and that any
remote pilots that will be involved in the flight have all necessary
FAA remote pilot authorization, to the extent such authorization is
required. Any party challenging a DFMS action with regard to this
requirement or otherwise seeking a Commission determination regarding a
party's FAA authorization in this context must submit, with its filing
to the Commission, a determination from the FAA regarding whether the
NNA frequency assignee in question has the relevant authorization under
FAA rules and requirements.
(i) A DFMS must be capable of responding to in-flight revision
requests.
(j) A DFMS must be capable of communicating directly with a UAS
ground station operating in the NNA spectrum, or with proxy software
acting on the ground station's behalf, to achieve the following:
(1) ensure that all NNA stations used in an operation, including
any ground or airborne station used in the flight, are programmed to
limit communications in the 5030-5091 MHz band, during the period of
the frequency assignment, to the specific frequencies assigned by the
DFMS and in accordance with the other terms of the assignment; and
(2) receive updates on flight status when a UA has launched and
when it has landed.
(k) Frequency assignment requests may not be approved:
(1) for periods commencing on or after eight calendar days after
the date on which the request is submitted, except to the extent that
lack of frequency availability in that time frame or the coordination
requirement under Sec. 88.35 justify a later assignment; or
(2) for an operation lasting more than 24 hours.
(l) A DFMS must communicate and coordinate with other DFMSs as
necessary to ensure consistent data and assignments, the safe and
robust operation of authorized services, and compliance with the rules.
(m) A DFMS must employ protocols and procedures to ensure that all

[[Page 1399]]

communications between the DFMS and users or NNA stations in connection
with a DFMS's NNA functions are secure and that unauthorized parties
cannot access, shut down, or alter the DFMS or its stored information.
(n) Communications between users and a DFMS and between different
DFMSs must be secure to prevent corruption or unauthorized interception
of data. A DFMS must be protected from unauthorized data input or
alteration of stored data.
(o) A DFMS must verify that the NNA stations to be used in
operations are FCC-certified devices and must not provide assignments
to an uncertified device.
(p) A DFMS must retain information on, and enforce, exclusion zones
sufficient to protect Microwave Landing Systems (MLS) in the 5030-5091
MHz band.
(q) A DFMS shall maintain all records for at least 60 months,
including but not limited to date, time, and requester identification
records for all requests for, approval of, denial of, or termination of
approval for all assignments of frequencies or revisions of such
assignments, and all certifications submitted in connection with such
requests.
(r) A DFMS must be capable of receiving reports of interference and
requests for additional protection from MLS users in the 5030-5091 MHz
band or authorized users in adjacent bands and promptly address
interference issues.
(s) A DFMS must implement Sec. 88.35 in its frequency assignment
process.
(t) A DFMS must implement the terms of any international agreements
with Canada and Mexico adopted to address coordination and
compatibility of near-border UAS operations in the 5030-5091 MHz band.
(u) Except as provided under paragraphs (v) and (w) of this
section, a DFMS must process frequency assignment requests on a non-
discriminatory first-come-first-served manner.
(v) In the event of emergencies, a DFMS should, to the extent
feasible and consistent with the interests of aviation safety,
prioritize requests from public safety entities. Prioritization may not
terminate or modify an NNA user's assignment while the assignment is in
use during a UAS flight.
(w) During extended periods of congestion, the DFMS should
prioritize requests involving flights relying on a single ground
station over requests that rely on multiple stations, to the extent
feasible and consistent with the interests of aviation safety.
(x) A DFMS must immediately notify the National Science Foundation,
Division of Astronomical Sciences, Electromagnetic Spectrum Management
Unit, by email at <a href="/cdn-cgi/l/email-protection#1b7e68765b75687d357c746d">[email&#160;protected]</a> when a request for frequency assignment
is approved that will support operation of a UAS within 25 miles of a
radio astronomy site listed in table 1 to this section. Notification
must include the operation details.

Table 1 to Sec. 88.135
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Allen Telescope Array, Hat Creek, CA.. Rectangle between latitudes 40[deg]00' N and 42[deg]00' N and between
longitudes 120[deg]15' W and 122[deg]15' W.
NASA Goldstone Deep Space 80 kilometers (50 mile) radius centered on 35[deg]20' N, 116[deg]53' W.
Communications Complex, Goldstone, CA.
National Astronomy and Ionosphere Rectangle between latitudes 17[deg]30' N and 19[deg]00' N and between
Center, Arecibo, PR. longitudes 65[deg]10' W and 68[deg]00' W.
National Radio Astronomy Observatory, Rectangle between latitudes 32[deg]30' N and 35[deg]30' N and between
Socorro, NM. longitudes 106[deg]00' W and 109[deg]00' W.
National Radio Astronomy Observatory, Rectangle between latitudes 37[deg]30' N and 39[deg]15' N and between
Green Bank, WV. longitudes 78[deg]30' W and 80[deg]30' W.
National Radio Astronomy Observatory, 80 kilometers radius centered on:
Very Long Baseline Array Stations.
-------------------------------------------------------------------------
North latitude West longitude
Brewster, WA.......................... 48[deg]08' 119[deg]41'
Fort Davis, TX........................ 30[deg]38' 103[deg]57'
Hancock, NH........................... 42[deg]56' 71[deg]59'
Kitt Peak, AZ......................... 31[deg]57' 111[deg]37'
Los Alamos, NM........................ 35[deg]47' 106[deg]15'
Mauna Kea, HI......................... 19[deg]48' 155[deg]27'
North Liberty, IA..................... 41[deg]46' 91[deg]34'
Owens Valley, CA...................... 37[deg]14' 118[deg]17'
Pie Town, NM.......................... 34[deg]18' 108[deg]07'
Saint Croix, VI....................... 17[deg]45' 64[deg]35'
-------------------------------------------------------------------------
Owens Valley Radio Observatory, Big Two contiguous rectangles, one between latitudes 36[deg]00' N and
Pine, CA. 37[deg]00' N and between longitudes 117[deg]40' W and 118[deg]30' W,
and the second between latitudes 37[deg]00' N and 38[deg]00' N and
between longitudes 118[deg]00' W and 118[deg]50' W.
----------------------------------------------------------------------------------------------------------------

Sec. 88.137 DFMS administrators.

The Commission will approve one or more DFMS Administrators to
manage access to the 5030-5091 MHz band on a nationwide basis as
specified in Sec. 88.135. Each DFMS Administrator is responsible for
ensuring that its DFMS is fully functional and meets all the rule
requirements in this part and providing services to NNA users in the
Uncrewed Aircraft System Services. Each DFMS Administrator approved by
the Commission:
(a) Must operate a DFMS consistent with the rules of this part.
(b) Must establish and follow protocols and procedures to ensure
compliance with the rules set forth in this part.
(c) Must provide service for a ten-year term. This term may be
renewed at the Commission's discretion.
(d) Must securely transfer all the information in the DFMS to
another approved entity in the event it does not continue as the DFMS
Administrator at the end of its term. It may charge a reasonable price
for such conveyance.
(e) Must cooperate with other approved DFMS Administrators to
develop a standardized process for coordinating operations, avoiding
any conflicting assignments, and maximizing shared use of available
frequencies.
(f) Must coordinate with other DFMS Administrators including
sharing assignment and other information, facilitating non-interference
to and from

[[Page 1400]]

operations relying on assignments from other DFMSs, and other functions
necessary to ensure that use of available spectrum is safe and
efficient and consistent with this part.
(g) Must ensure that the DFMS shall be available at all times to
immediately respond to requests from authorized Commission personnel
for any and all information stored or retained by the DFMS, including
through either or both provision of the information or provision of
direct access to the DFMS database, at the discretion of the
Commission.
(h) Must establish and follow protocols to comply with enforcement
instructions from the Commission.
(i) May implement such reasonable limits on requests as are
necessary to prevent the hoarding, warehousing, monopolization, or
otherwise excessive reservation of NNA spectrum by a particular party.

Sec. 88.139 DFMS administrator fees.

(a) A DFMS Administrator may charge users a reasonable fee for
services provided, including usage-based fees for frequency
assignments.
(b) The Commission, upon request, will review the fees and can
require changes in those fees if they are found to be excessive.

Sec. 88.141 Interim access mechanism.

(a) IAM Period. In the period prior to the approval and
commencement of operation by the first DFMS administrator, NNA users
may access the 5040-5060 MHz band for NNA communications pursuant to
the IAM. After the date on which the first DFMS administrator commences
operations, NNA communications will be restricted to the 5040-5050 MHz
band, as specified in Sec. 88.29(a). After such date, any existing IAM
frequency assignments terminates and NNA users may not seek or use
frequency assignments pursuant to the IAM. NNA users will be required
to request frequency assignments from the DFMS administrator once the
DFMS is operational.
(b) IAM Process. NNA users seeking to transmit in the band must
first obtain concurrence from the FAA for the requested use, and must
ensure that any such operations comply with the scope of approval,
terms, conditions, and restrictions of the FAA concurrence. Upon
receipt of FAA concurrence, NNA users must submit to the FCC an online
NNA registration form regarding the requested use, certifying that:
(1) They have complied with the FAA concurrence process;
(2) The operation is in compliance with the Commission's NNA rules
and technical requirements;
(3) All equipment utilized in the NNA operation meets equipment
certification requirements; and
(4) Their IAM frequency assignment terminates immediately in the
event a DFMS becomes operational prior to the end of the IAM frequency
assignment.

PART 95--PERSONAL RADIO SERVICES

0
13. The authority citation for part 95 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 307.

0
14. Amend Sec. 95.303 by adding the definition of ``Uncrewed Aircraft
System Services,'' in alphabetical order, to read as follows:

Sec. 95.303 Definitions.

* * * * *
Uncrewed Aircraft System Services. The rules for these services,
including technical rules, are contained in part 88 of this chapter.
Only NNA stations authorized on a Non-Networked Access basis, as those
terms are defined in Sec. 88.3 of this chapter, are considered part of
the Citizens Band Radio Services.
* * * * *
[FR Doc. 2024-29967 Filed 1-7-25; 8:45 am]
BILLING CODE 6712-01-P

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