FCC Clears Drone Spectrum Rulemaking

All four FCC commissioners have now voted to approve an NPRM seeking comment on rule revisions tied to the need of operators of unmanned aircraft systems for licensed spectrum. Commissioners Brendan Carr and Nathan Simington OK'd the item late last week, and it’s expected to be released after the Christmas holiday, officials said.

The FCC took comment in 2019 on use of the 5030-5091 MHz band by drones, at the request of the Aerospace Industries Association (see 1912270039). The group asked the FCC to act on service rules for using the band for command and control (C2) of drones. In 2021, the Wireless Bureau took additional comments as part of a record refresh (see 2110130044). In September, Chairwoman Jessica Rosenworcel circulated a new NPRM (see 2209130046).

Aviation groups urged FCC action, especially as drones increase in popularity. Officials said the item took a little time to work through but has had general bipartisan support. A lawyer active in the proceeding joked that the vote was "a Festivus miracle," recalling the faux holiday popularized in a 1997 episode of Seinfeld.

“Innovation is at the heart of what we do as an industry,” emailed David Silver, AIA vice president-civil aviation: “As we continuously reimagine the ways we communicate and navigate the airspace through new technologies, we urge our government partners to prioritize the modernization of U.S. airspace and ensure we continue to set the gold standard of aviation safety worldwide.”

The items in the drone proceeding are “fairly transparent,” said Public Knowledge Government Affairs Director Greg Guice. “There’s underutilized spectrum that could easily be transitioned over to help promote commercial drone operation, and the FCC is charged with trying to make that kind of thing happen,” he said.

“UAS operations are not going away anytime soon, and it’s going to take a multiagency effort to ensure we have the right frameworks in place,” said Digital Progress Institute President Joel Thayer. “As important as the use of UAS is, there’s even more of a need to make sure the policy is right, and it looks like both Democrat and Republican commissioners are carefully vetting and reviewing the proposals and extensive record,” he said before the approval.

Comments on the record refresh demonstrate “a range of UAS spectrum needs and reinforced the support for the Commission to take timely actions to meet those needs,” Aviation Spectrum Resources Inc. (ASRI) said in an April filing urging the rulemaking. “The Commission should not attempt to solve all the spectrum requirements of the UAS industry in a single proceeding, as the ideal of a comprehensive solution would likely stand in the way of seizing the opportunity to make real and needed progress in the near term,” ASRI said: “The Commission’s next action should be to initiate the rulemaking regarding adoption of a framework for C2 operations in the 5030 MHz Band originally requested by” AIA “over four years ago. The 5030 MHz Band is central to successful domestic UAS development and advancement, particularly for larger UAS.”