FCC Adopts Initial Rules for Drone Operations

On August 29, 2024, the Federal Communications Commission (the "Commission") adopted rules (the "Order") enabling licensed initial drone operations in the 5 GHz spectrum band, allowing for reliable and protected wireless communications necessary for controlling "uncrewed aircraft systems" ("UAS"). The Order is an initial step in the Commission's phased approach to developing licenses and service rules for UAS operations.

In a press release accompanying the Order, Chairwoman Jessica Rosenworcel said "We are already starting to live in the future we've long imagined: uncrewed aircraft systems are fighting wildfires, supporting news gathering, delivering packages, and supporting national security…The FCC is working hard to meet the spectrum needs of remote-piloted aircraft activity. We will continue to work with our public and private partners to support the best outcomes for public safety, wireless services, consumers, and our economy."

The Order defines an "uncrewed aircraft system" as "an uncrewed 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." The Order defines "uncrewed aircraft" as "an aircraft operated without the possibility of direct human intervention from within or on the aircraft." These definitions are consistent with those used by the Federal Aviation Administration (the "FAA").

The Order establishes initial service rules allowing operators to obtain a direct frequency assignment in a ten megahertz block of the 5030-5091 MHz band for non-networked operations, (i.e., communications occurring within the radio line of sight). In the initial stages, the block will be located at 5040-5050 MHz to avoid interference with other users while the Commission evaluates the potential impact of UAS on other services. This placement is consistent with FAA practice, which has previously permitted temporary operations in this same block. The Order also outlines an interim access mechanism to enable operations in the band immediately, while the "Dynamic Frequency Management System" described below becomes operational. The interim access mechanism will require operators to obtain FAA authorization then register with the Commission.

The Order states that communications in the 5030-5091 MHz band will be limited to "control-and-non-payload communications" ("CNPC") in this initial phase. The Order defines CNPC 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." The Order states that narrowing the scope of permissible uses will help ensure access to "safety-critical, interference-protected spectrum necessary for UAS operations." However, the Order notes that the Commission does not foreclose the possibility of future actions allowing non-CNPC uses, such as UA-to-UA communication and ancillary payload communications like video. The Order states that the Commission will consider allowing non-CNPC if it is possible to introduce such uses without detrimentally affecting spectrum access and use for CNPC.

Operations will be coordinated by "Dynamic Frequency Management Systems" (DFMS), which are systems that use automated processes to determine and assign frequency to operators for temporary use. The DFMS will also confirm through certifications that the party requesting spectrum allocation has the relevant FAA authorizations. The Order outlines requirements for DFMS administrators, the information needed to submit requests, and limitations to prevent monopolization. As noted above, before the DFMS is operational, parties will be able to operate in the band via the interim access mechanism.

The Order states that aircraft and ground stations (i.e., the radio communication equipment on the UAs and on the ground used for control or communication) will be licensed by rule. Accordingly, UAS operators in compliance with the Rules will only need to obtain the requisite temporary frequency assignment and would not need to obtain individual spectrum licenses from the Commission. The Order also outlines UAS technical requirements, the process for equipment authorization, and measures to ensure compatibility with other services.

The Order notes that the Commission will address additional issues in subsequent phases, including the final plan for the 5030-5091 MHz band, issues related to UAS stations operating at and near the edges of the 5030-5091 MHz band, and service rules for exclusive-use licenses enabling network-supported services in the band. This Order marks another step the Commission has taken in the past several years to allow UAS access to spectrum on a licensed and unlicensed basis. The Commission stated it will continue to coordinate with federal partners like the FAA and National Telecommunications and Information Administration.