[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Pages 50715-50718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19499]


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FEDERAL COMMUNICATIONS COMMISSION

[RM-11798; DA 21-1025; FRS 46463]


Wireless Telecommunications Bureau Seeks To Refresh the Record on 
Unmanned Aircraft Systems Use of the 5 GHz Band

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Wireless Telecommunications Bureau seeks 
to refresh and update the record in this proceeding, which was 
commenced to consider a petition for rulemaking filed by the Aerospace 
Industries Association (AIA) that asked the Commission to adopt 
licensing and service rules for Control and Non-Payload Communications 
(CNPC) links in the 5030-5091 MHz band to support Unmanned Aircraft 
Systems (UAS) operations in the United States.

DATES: Comments are due October 12, 2021 and reply comments are due 
October 25, 2021.

ADDRESSES: You may submit comments, identified by RM-11798, by any of 
the following methods:
    [ssquf] Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
    [ssquf] People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Peter Trachtenberg of the Wireless 
Telecommunications Bureau, Mobility Division, at (202) 418-7369 or 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document (Public Notice), RM-11798, DA 21-1025, released on August 20, 
2021. The complete text of this document is available on the

[[Page 50716]]

Commission's website at https://www.fcc.gov/document/wtb-seeks-refresh-record-uas-use-5-ghz-band or by using the search function for RM-11798 
on the Commission's ECFS web page at www.fcc.gov/ecfs.

Synopsis

    With this Public Notice, the Wireless Telecommunications Bureau 
seeks to refresh the record on a petition for rulemaking filed by the 
AIA on February 8, 2018 to address the growing need of the UAS industry 
for access to licensed spectrum for CNPC links. We issue this Public 
Notice to update the record to reflect operational, technical, and 
regulatory developments that have occurred over the last three years in 
the rapidly growing and evolving area of UAS operations and that are 
relevant to this proceeding. We also seek to explore certain aspects of 
the AIA proposal in greater detail than is reflected in the current 
record. Finally, because the focus of the AIA proposal and the 
resulting comment record appears to be in support of direct radio-line-
of-sight (LOS) communications links between controller and unmanned 
aircraft, we seek comment on whether the Commission should consider 
licensing alternatives in this band to support the growing interest in 
beyond-radio-line-of-sight (BLOS) UAS operations. We anticipate that 
the resulting record could help the Commission to proceed with a more 
informed and specific Notice of Proposed Rulemaking to make the 5030-
5091 MHz band available as a suitable spectrum resource for UAS 
operations.

AIA Proposal

    We first seek updated and additional comment on all aspects of the 
AIA proposal as a licensing approach for UAS operations in the 5030-
5091 MHz band, and in particular, the aspects discussed below.
    License eligibility. We seek comment on whether, as proposed by 
AIA, the Commission should require that parties seeking a 5030-5091 MHz 
band spectrum license must certify they have the requisite FAA remote 
pilot certification, or, in the case of organizations, to certify that 
they will utilize only individuals with such qualifications for their 
UAS operations in the band. Given that UAS operators would in any case 
be subject to applicable FAA regulations, including regulations 
requiring the relevant FAA pilot certification, we seek comment on the 
benefits of conditioning license eligibility on compliance with such 
requirements.
    Dynamic frequency assignment. As mentioned earlier, a central 
element of AIA's proposal is a dynamic frequency assignment management 
system, which would automatically process requests from licensees for 
temporary assignment of bandwidth in the 5030-5091 MHz band in a 
specified geographic area or path covering the anticipated flight path, 
for a specified duration covering the anticipated flight duration. 
Under the AIA proposal, requests would need to be made a short time 
before the expected flight (AIA suggests no more than 20 minutes), and 
at the end of the estimated flight duration, or some ``reasonable'' 
period after, the assigned frequencies would automatically become 
available for reassignment. We seek comment on this proposal, including 
the feasibility and practicality of implementing and operating a 
dynamic frequency assignment management system for this purpose, any 
current or planned technologies or systems that could perform the 
necessary functions and are scalable to meet the real-time coordination 
needs of a large and growing number of operations, and what new or 
modified technologies, devices, connections, or standards would be 
needed to implement this approach. For example, Spectrum Access Systems 
are automated frequency coordinators that the Commission established in 
the 3550-3700 MHz band to coordinate and implement spectrum access and 
prioritization among users of three different tiers of services in that 
band with ascending priority rights. Would this technology be 
appropriate here? We seek comment on the status of pending standards 
work relevant to implementing a dynamic frequency assignment approach 
for UAS access to the 5030-5091 MHz band, and to the extent additional 
standards work would be required. We seek comment on the process for 
authorizing the frequency assignment manager, on minimum eligibility 
requirements or restrictions for applicants, and on whether we should 
permit more than one manager. We further seek comment on any 
requirements or standards governing requests for assignment of 
frequencies and the processing of these requests, and whether the 
standards and processing procedures for requests should be left to the 
discretion of the manager.
    AIA proposes that the Commission require licensees to ``release'' 
assignments at the end of the flight, and that assignments be 
automatically ``revoked'' some period after the estimated duration of 
the flight if not otherwise released. We seek comment on these aspects 
of AIA's proposal. We seek comment on what, if any, enforcement 
mechanism to impose on the requirement that assignments be released at 
the end of the flight. We also seek comment on what connections or 
communications between the frequency assignment management system and 
UAS stations will be needed to implement these processes. Would 
revocation create potential safety concerns if revocation occurred 
while a flight was ongoing? If so, how should such concerns be 
addressed? We seek comment on any requirements needed to ensure that 
these processes, as well as the initial processing of requests, occur 
in a manner that is secure, reliable, and timely.
    Technical requirements. We seek comment on the appropriate 
technical requirements and parameters. In its petition, AIA states that 
the technical rules for CNPC links in the 5030-5091 MHz band should be 
flexible to support ongoing UAS development, but also proposes certain 
technical parameters based on the technical standard RTCA DO-362. 
Specifically, AIA proposes that:
     Transmitter power and emissions in the 5030-5091 MHz band 
should conform to the requirements in RTCA DO-362 Sec.  2.2.1.6.
     The frequency accuracy of a 5030-5091 MHz CNPC 
transmitter, or of the local oscillator of a 5030-5091 MHz CNPC 
receiver, should not vary more than 0.2 parts per million (ppm) from 
the intended value, as stipulated in RTCA DO-362 Sec.  2.2.1.4.
     Emission limits for Aeronautical Stations and Aircraft 
Stations indicated in Section 87.139(c) of the Commission's rules be 
applicable to such stations that are capable of operating in the 5030-
5091 MHz band to support UAS CNPC links, in addition to the emission 
limits imposed by RTCA DO-362 Sec.  2.2.1.6.32.
    We request comment on these parameters and any other parameters 
that must be considered, including whether an altitude limit on UAS use 
of the 5030-5091 MHz band should be established to maximize the 
spectral efficiency of the band. We also request comment on the 
emission limitations of section 87.139, and whether any changes are 
necessary to accommodate UAS operations, especially those considered in 
RTCA DO-362. We also request comment on any additional technical 
limitations necessary to protect the AeroMACS bands, 5000-5030 MHz and 
5091-5150 MHz.
    Scope of permitted services. We seek further comment on the scope 
of

[[Page 50717]]

services to be permitted in the band. The relevant allocation of the 
band to aeronautical mobile (route) service (AM(R)S) may be used only 
for communications ``relating to the safety and regularity of flight.'' 
We seek comment on what types of UAS communications fall within the 
scope of this allocation, and on whether all UAS communications that 
are within the scope of AM(R)S should be permitted. We further seek 
comment on whether CNPC generally are consistent with the allocation 
and its purpose, whether we should permit all UAS CNPC communications 
in the band while prohibiting UAS payload or non-UAS communications, 
and if so, how CNPC communications and payload communications should be 
defined for the purpose of these rules. We also seek comment on whether 
to adopt an approach that combines a broad scope of permitted 
communications with a prioritization mechanism. For example, should we 
permit UAS payload communications in the band or non-UAS general 
purpose communications subject to the prioritization of UAS CNPC? We 
seek comment on whether permitting such services would require the 
Commission to modify the current allocation of the band, and if so, 
whether the band allocation should be modified as necessary to permit 
payload and/or non-UAS general purpose mobile communications on a 
secondary basis and subject to some scheme of CNPC priority.

Alternative Approaches Supporting BLOS Use

    As mentioned, the focus of the AIA proposal appears to be in 
support of direct LOS communications links between controller and 
unmanned aircraft. The proposal would provide operators with highly 
transitory spectrum assignments tailored in both geography and time to 
specific flights. We seek comment on whether the spectrum assignment 
model proposed by AIA would provide sufficient scope and certainty to 
incentivize the deployment of network infrastructure that can support 
both LOS and BLOS flights. We seek comment on the extent to which 
additional or alternative approaches to licensing the 5030-5091 MHz 
band might better support such deployment, or otherwise be more 
effective in supporting BLOS flights in particular, or UAS flights 
overall. To the extent that commenters advocate for alternatives, we 
ask them to submit specific, detailed, and comprehensive proposals for 
licensing the 5030-5091 MHz band to support UAS communications.
    We seek comment on whether alternatives to the AIA proposal might 
provide better support for BLOS communications. We note that while UAS 
operations have in the past been predominantly LOS, there is growing 
interest in and exploration of BLOS operations, such as for package 
delivery, mapping, search-and-rescue, long-range infrastructure 
inspections, and surveillance flights. We seek comment on the 
anticipated uses of the 5030-5091 MHz band, the extent to which there 
is interest in use of the 5030-5091 MHz band for BLOS operations in 
particular, and the type of infrastructure necessary to support such 
use. We anticipate that BLOS communications will require the deployment 
of network infrastructure, and seek comment on this assessment, and on 
whether licensing the band with exclusive geographic area-based 
licenses would more effectively promote such deployment, and on the 
costs and benefits generally of such an approach. We further seek 
comment on what specific license terms would be appropriate for a 
geographic area-based license approach to the band, including the 
appropriate geographic area, spectrum block size, license duration, 
performance requirements, permissible service scope, and technical 
requirements. We seek comment on whether adopting relatively larger 
geographic areas, such as Regional Economic Area Groupings, is 
justified to better support long-range, BLOS UAS operations. We seek 
comment on a spectrum block size that will maximize the utility and 
benefit of the band, considering factors such as the benefits of 
competition from multiple providers, the expected spectrum needs and 
demand level of UAS operations, and the interest in accommodating, as 
much as is practical, a range of UAS operations that may have 
significantly varying bandwidth requirements. Regarding license 
duration and performance requirements, we seek comment on a ten-year 
renewable license and establishing population-based buildout 
requirements, similar to what the Commission has established in many 
other mobile network bands.
    We further seek comment on other alternatives that do not require 
an operator license. As discussed above, AIA proposes that we require 
operators or organizations that employ them to hold a nationwide, non-
exclusive license before they can receive spectrum assignments. We seek 
comment on whether this aspect of the proposal is necessary for this 
type of service, or whether an approach could be implemented that does 
not require any operator license but relies instead on some form of 
station license, with station equipment held to technical requirements 
(such as RTCA DO-362 requirements) in the Commission's equipment 
authorization process. For example, we seek comment on whether to adopt 
licensed-by-rule station licensing for the band, analogous to aircraft 
station licensing under Part 87. Under this approach, operators would 
not need a separate spectrum license from the Commission, and equipment 
that met Commission equipment authorization requirements would be 
licensed automatically, although potentially still subject to an 
automatic frequency assignment or reservation process such as the 
dynamic assignment process proposed by AIA. We seek comment on whether, 
under this approach, ground stations should be separately licensed, 
whether we should provide site-based licenses to cover such stations, 
and the costs and benefits of this approach. Is site-based licensing 
practical to implement very temporary assignments (e.g., assignments 
for uses lasting only a few hours or days)? How would site-based 
licensing address operations that involve hand-held or portable 
controllers rather than fixed stations? If we were to adopt such an 
approach, what rules should we adopt to foster efficient use of 
spectrum and to avoid interference? How should we define the 
permissible scope of a site and the duration of the license? What 
coordination requirements and mechanisms should we adopt?
    We also invite comment on hybrid approaches to licensing the band. 
For example, we seek comment on whether to partition the band into two 
segments, one in which we adopt an approach like the AIA proposal, the 
other in which we issue exclusive geographic area licenses for network-
based services. If so, should we split the band equally between the two 
segments, or assign more spectrum to one of them? We further seek 
comment on options that might support both approaches in the same 
segment of the band. For example, should the frequencies subject to 
geographic area licensing nevertheless be assignable for temporary 
direct links in a particular geographic area through an approach such 
as the AIA proposal until the relevant geographic area licenses in that 
area are actually assigned to a licensee? Or should we allow such 
access unless the spectrum is actually ``in use,'' e.g., providing 
licensees in the direct link segment of the band with access to the 
spectrum in the segment subject to geographic area licensing except in

[[Page 50718]]

those license areas with at least some actual deployment, or except 
within the signal coverage of deployed base stations?

Comment Filing Procedures

    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 
CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing.
    [ssquf] Filings can be sent by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
    [ssquf] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 45 L Street NE, Washington, DC 
20554.
    [ssquf] Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, 35 FCC Rcd 2788 (2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).

Ex Parte Rules

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules.\1\ 
Persons making ex parte presentations must file a copy of any written 
presentation or a memorandum summarizing any oral presentation within 
two business days after the presentation (unless a different deadline 
applicable to the Sunshine period applies). Persons making oral ex 
parte presentations are reminded that memoranda summarizing the 
presentation must (1) list all persons attending or otherwise 
participating in the meeting at which the ex parte presentation was 
made, and (2) summarize all data presented and arguments made during 
the presentation. If the presentation consisted in whole or in part of 
the presentation of data or arguments already reflected in the 
presenter's written comments, memoranda or other filings in the 
proceeding, the presenter may provide citations to such data or 
arguments in his or her prior comments, memoranda, or other filings 
(specifying the relevant page and/or paragraph numbers where such data 
or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with rule 1.1206(b). In proceedings governed by 
rule 1.49(f) or for which the Commission has made available a method of 
electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.
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    \1\ 47 CFR 1.1200 et seq. Although the Rules do not generally 
require ex parte presentations to be treated as ``permit but 
disclose'' in Petition for Rulemaking proceedings, see 47 CFR 
1.1204(b)(2), we exercise our discretion in this instance, and find 
that the public interest is served by making ex parte presentations 
available to the public, in order to encourage a robust record. See 
id. Sec.  1.1200(a).

Federal Communications Commission.
Amy Brett,
Acting Chief of Staff, Wireless Telecommunications Bureau.
[FR Doc. 2021-19499 Filed 9-9-21; 8:45 am]
BILLING CODE 6712-01-P