Wireless Telecommunications Bureau Seeks To Refresh the Record on Unmanned Aircraft Systems Use of the 5 GHz Band, 50715-50718 [2021-19499]
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[FR Doc. 2021–19414 Filed 9–9–21; 8:45 am]
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[FR Doc. 2021–19602 Filed 9–8–21; 11:15 am]
BILLING CODE 6690–01–P
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
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
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 NonPayload 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:
D Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
D People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
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
Peter.Trachtenberg@fcc.gov.
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
SUMMARY:
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices
Commission’s website at https://
www.fcc.gov/document/wtb-seeksrefresh-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-lineof-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.
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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.
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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
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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 § 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 § 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 § 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
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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 nonUAS 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.
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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 populationbased 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
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50717
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
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those license areas with at least some
actual deployment, or except within the
signal coverage of deployed base
stations?
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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).
D Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
D Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
D 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.
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than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
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20701. U.S. Postal Service first-class,
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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-closesheadquarters-open-window-andchanges-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 fcc504@fcc.gov 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
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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.
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
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. § 1.1200(a).
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National Institutes of Health
Center for Scientific Review; Notice of
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Pursuant to section 10(d) of the
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Date: October 7–8, 2021.
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Agenda: To review and evaluate grant
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Rockledge II, 6701 Rockledge Drive,
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Contact Person: Bradley Nuss, Ph.D.,
Scientific Review Officer, Center for
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Bethesda, MD 20892 (Virtual Meeting).
Contact Person: Jan Li, MD, Ph.D.,
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Ph.D., Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 3192,
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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: https://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
