NPRM on Drone Spectrum Asks Questions Beyond 5030-5091 MHz Band

The FCC released a long-expected NPRM Wednesday seeking comment on proposed service rules allowing the use of the 5030-5091 MHz band by drones, which was approved by commissioners Dec. 23 (see 2212230035). Commissioner Geoffrey Starks said the NPRM takes a broad look at the use of spectrum by unmanned aircraft systems. It asks more than 160 questions about future use of the band and other spectrum by drones.

The FCC took comment in 2019 on use of the band for command and control (C2) of drones, at the request of the Aerospace Industries Association (see 1912270039), and then refreshed the record in 2021 (see 2110130044). In September, Chairwoman Jessica Rosenworcel circulated a new NPRM (see 2209130046).

“This is an area where the United States can clearly lead with the right regulatory support,” said Starks: “Consistent with industry and academic interest and ongoing standards-setting efforts, we’re exploring 5G as a UAS platform and the broader use of cellular bands for drone applications. We’re also proposing a way to license drone communications with air traffic control.”

The FCC worked with NTIA and the FAA on release of proposed rules, Rosenworcel said. “The FCC must ensure that our spectrum rules meet the current -- and future -- spectrum needs of evolving technologies such as unmanned aircraft systems, which can be critical to disaster recovery, first responder rescue efforts, and wildfire management,” she said.

“Because technical work regarding UAS is still in a nascent stage, we anticipate that service rules sufficient to facilitate UAS operations will likely require development in phases,” the NPRM says: “We now take the first step to develop such rules.” Because of the “increasing interest in operating UAS using existing terrestrial flexible-use spectrum networks, we seek comment on whether the Commission’s rules are adequate to ensure coexistence of terrestrial mobile operations and UAS use or whether changes to our rules are necessary,” the notice said.

“To further promote the safe integration of unmanned aircraft operations in controlled airspace and facilitate flight coordination, we propose a process for UAS operators to obtain a license in the aeronautical VHF band to communicate with air traffic control and other aircraft,” the NPRM says: “Together, these measures will help to promote the growth and safety of UAS operations.”

The NPRM seeks comment on an appropriate band plan for 5030-5091 among several alternative schemes and proposes that “access to the band be managed by one or more dynamic frequency management systems (DFMS).” The FCC proposes to “permit more than one DFMS to operate in the band, each providing access to frequencies nationwide, and to require coordination and communication between them to ensure that the assignments of one DFMS are consistent with the assignments of the others.” It seeks comment on such items as how the DFMS operators will be selected and how they would be compensated. The NPRM delves into such matters as allowable uses of the band and eligibility restrictions.

The NPRM also asks about the use of other bands by drones. “There is considerable interest in using existing terrestrial mobile networks for UAS communications, including command and control, telemetry, and payload communications,” the notice says: “While the Commission remains committed to allowing flexibility in the use of existing spectrum and networks, we are uncertain about the potential interference impacts of UAS use. Therefore, we seek comment on the adequacy of current rules to ensure co-existence of existing terrestrial wireless networks and UAS and on the regulatory solutions that may be necessary to facilitate and encourage such use.”

Comments are due 30 days after publication in the Federal Register, replies 60 days after publication.