Spectrum Rules and Policies for the Operation of Unmanned Aircraft Systems, 1380-1400 [2024-29967]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Rules and Regulations]
[Pages 1380-1400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29967]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 1, 2, 87, 88 and 95

[WT Docket No. 22-323; FCC 24-91; FR ID 255475]


Spectrum Rules and Policies for the Operation of Unmanned 
Aircraft Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) enables Uncrewed Aircraft System (UAS) operators to 
access dedicated spectrum for control-related communications. 
Specifically, this

[[Page 1381]]

document adopts service rules under new rule part 88 that provide 
operators the ability to obtain direct frequency assignments in a 
portion of the 5030-5091 MHz band for non-networked operation. Under 
these rules, one or more dynamic frequency management systems (DFMSs) 
will manage and coordinate access to the spectrum and enable its safe 
and efficient use, by providing requesting operators with temporary 
frequency assignments to support UAS control link communications with a 
level of reliability suitable for operations in controlled airspace and 
other safety-critical circumstances. To address concerns regarding the 
impact of these aeronautical operations on adjacent services, this 
document locates these operations, for now, in the central part of the 
band, with substantial separation from the bands adjacent to the 5030-
5091 MHz band.

DATES: The rules are effective February 7, 2025, except for Sec. Sec.  
88.27, 88.31, 88.33, 88.35, 88.111, 88.113, 88.115, 88.135, 88.137, and 
88.141, which are delayed. The Federal Communications Commission will 
publish a document in the Federal Register announcing the effective 
date. The incorporation by reference of material listed in Sec.  88.117 
is approved by the Director of the Federal Register as of February 7, 
2025.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Peter Trachtenberg of the Mobility Division, 
Wireless Telecommunications Bureau, at [email protected] or 
(202) 418-7369. For information regarding the Paperwork Reduction Act 
of 1995 (PRA) information collection requirements contained in this 
document, contact Cathy Williams, Office of Managing Director, at (202) 
418-2918 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in WT Docket No. 22-323; FCC 24-91, adopted on August 21, 
2024, and released on August 29, 2024. The full text of this document 
is available for public inspection online at https://docs.fcc.gov/public/attachments/FCC-24-91A1.pdf. 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).

Synopsis

    Achieving the extraordinary potential of UAS technology will 
require integrating UAS operations into the National Airspace System 
(NAS), including in the controlled airspace in which commercial 
passenger flights operate and in circumstances with heightened risk, 
such as flights involving large aircraft or carrying passengers or 
flights beyond line of sight of the remote pilot. To ensure that these 
flights are sufficiently safe for routine operation, highly reliable 
wireless two-way communications for flight control and telemetry are 
required. In a Notice of Proposed Rulemaking, WT Docket No. 22-323, FCC 
22-101, 88 FR 7910 (February 7, 2023) (UAS NPRM), the Commission 
proposed rules for the 5030-5091 MHz band to help address these 
spectrum needs.

Background

    In the Report and Order, the Commission now takes an initial step 
to enable UAS operators to access dedicated spectrum in the 5030-5091 
MHz band for control-related communications with the required 
reliability. Specifically, the Commission adopts new UAS service rules 
under new rule part 88 that provide operators the ability to obtain 
direct frequency assignments in a portion of the 5030-5091 MHz band for 
non-networked operation. The Commission finds wide support for enabling 
early, direct access to a portion of the band for protected assignments 
under DFMS coordination, and anticipates that such access will 
facilitate the safe integration of UAS operations into the NAS so that 
the United States can realize the enormous potential benefits that UAS 
operations can provide.

Discussion

A. Non-Networked Access (NNA) Service Rules

1. Definitions and Designation of Sub-Band for NNA Operations
    In the UAS NPRM, the Commission proposed to adopt certain band and 
service rule definitions, including definitions for unmanned aircraft 
systems and unmanned aircraft, as well as other terms, including non-
networked access operations, and control and non-payload 
communications. Noting consistency with FAA definitions, the Commission 
proposed to define an unmanned aircraft system as ``an unmanned 
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,'' and an unmanned aircraft as ``an aircraft operated without 
the possibility of direct human intervention from within or on the 
aircraft.'' The Commission adopts these definitions as proposed, but 
finds it in the public interest to revise the terminology. It finds 
that the term ``uncrewed'' is more inclusive and could better reflect 
future use cases for the spectrum, such as uncrewed passenger flights, 
and thus find that it is appropriate to substitute ``uncrewed'' in 
place of ``unmanned.'' Specifically, it adopts the use of ``uncrewed 
aircraft system'' and ``uncrewed aircraft'' in place of ``unmanned 
aircraft system'' and ``unmanned aircraft,'' respectively.
    In the UAS NPRM, the Commission also identified two broad use cases 
for determining the appropriate band plan and service rules: non-
networked operations, or those communications occurring within radio 
line of sight, and network-supported services, which rely on network 
infrastructure to go beyond radio line of sight of the operator. The 
Commission proposed establishing the term Non-Networked Access (NNA) to 
``indicate spectrum or licenses (e.g., NNA blocks) that would be 
governed by service rules appropriate to support non-networked 
communications.'' The UAS NPRM further proposed the use of ``Network-
Supported Services'' (NSS) to indicate that the relevant spectrum or 
licenses would be governed by service rules appropriate to support the 
provision of networked-based services. The Commission also proposed to 
use NNA and NSS in the rules to designate the spectrum allocated for 
non-networked and network-supported use cases, respectively. In the 
Report and Order, the Commission adopts the NNA and NSS terms as 
discussed above.
    NNA Block Configuration. Although the Commission finds that it is 
premature to establish a permanent band plan in light of continuing 
developments and evolution of the industry, there is sufficient record 
support and basis to establish rules to allow early access for non-
networked, direct link operations without compromising any future 
action the Commission may take with respect to UAS operations in the 
5030-5091 MHz band. The Commission thus establishes a temporary 
placement for NNA operation--with a permanent band plan, including 
final locations for NNA and NSS as well as potential provisions for 
opportunistic use by NNA users or NSS licensees, to be resolved in the 
future.
    Specifically, the Commission allots 10 megahertz for near-term NNA 
access. The Commission finds that, until it makes a determination 
regarding a permanent band plan, it is appropriate

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to locate the 10 megahertz NNA block at 5040-5050 MHz. As discussed 
below, the Commission is adopting an interim access mechanism (IAM) to 
enable NNA entities to begin operations in the band during the interim 
period before a DFMS is operational. Because it will be challenging to 
effectively manage and coordinate operator use of the NNA spectrum 
during this period, the Commission will allow access to additional 
spectrum beyond the 10 megahertz to facilitate the management and 
deconfliction of NNA operations during this period. Accordingly, during 
the IAM period, NNA entities may access to 20 megahertz of the band, at 
5040-5060 MHz. The Wireless Telecommunications Bureau (WTB) will 
announce the dates operators may begin to access the NNA block using 
the IAM process, as well as the date on which a DFMS becomes 
operational and the IAM period ends. Once a DFMS becomes operational, 
the NNA operations will be limited to the 10 megahertz at 5040-5050 
MHz.
2. Scope of Permissible Uses
    The Commission limits the scope of NNA communications in the 5030-
5091 MHz band to Control and Non-payload Communications (CNPC), defined 
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. This approach is in the public interest and is well-
supported by the record.
    Mobile and fixed NNA operations. The Commission provides that the 
use of both fixed and mobile ground stations for NNA operations is 
permissible so long as they are not in motion during operation and 
operations are limited to the location associated with the specific 
frequency assignment. The adopted NNA rules do not set specific limits 
as to the use of multiple fixed stations to achieve a single NNA 
operation, and multi-station operations, whether involving multiple 
connected or non-connected stations, are permitted by the NNA rules. 
Thus, UAS operators might choose to access NNA spectrum using limited 
infrastructure deployment, such as a string of ground stations deployed 
over a particular and frequently used flight path.
3. Licensing Stations by Rule
    The Commission adopts licensing-by-rule for both NNA ground and 
aircraft stations, pursuant to section 307(e) of the Act, as amended. 
See 47 U.S.C. 307(e). Section 307(e)(1) limits the Commission's 
authority to adopt a license-by-rule approach to certain specific 
categories of service, including the ``citizens band radio service.'' 
Section 307(e)(3) in turn provides that ``citizens band radio service'' 
shall have the meaning given to it by the Commission by rule. As 
defined in the Commission's rules, the ``citizens band radio service'' 
encompasses ``any radio service or other specific classification of 
radio stations used primarily for wireless telecommunications for which 
the FCC has determined that it serves the public interest, convenience, 
and necessity to authorize by rule the operation of radio stations in 
that service or class, without individual licenses, pursuant to 47 
U.S.C. 307(e)(1).'' The Commission finds that licensing NNA stations by 
rule will serve the public interest, convenience, and necessity.
    Under the license-by-rule framework, to obtain Commission 
authorization to use the NNA spectrum, NNA users must use certified, 
Commission-approved NNA stations, and comply with the applicable NNA 
rules, but need not obtain individual spectrum licenses from the 
Commission. Because a license-by-rule approach will serve the public 
interest, convenience, and necessity, NNA stations are appropriately 
classified as part of the citizens band radio services. This 
classification reflects only the Commission's determination that the 
NNA service should be licensed by rule as the Commission has used that 
construct pursuant to its section 307(e)(1) authority, and not a 
determination that it should be more generally be regulated in similar 
fashion to other services that are classified under the citizens band 
radio services category, such as those in part 95 or part 96 of the 
Commission's rules.
4. Eligibility
    Given the limited discussion of the issues raised by foreign 
ownership of stations in a license-by-rule service, the Commission is 
guided by the approach that it took in the 3.5 GHz Citizens Broadband 
Radio Service (CBRS) rules to eligibility for users of CBRS General 
Authorized Access (GAA) stations, which, like NNA stations, are 
licensed by rule. In relevant part, section 96.5 of the Commission's 
rules establishes that any entity, other than those precluded by 
section 310, that otherwise meets the technical, financial, character, 
and citizenship qualifications that the Commission may require in 
accordance with such Act, is eligible to be a General Authorized Access 
(GAA) user. The Commission finds that it will serve the public interest 
to adopt a similar eligibility rule for NNA users.
5. Creation of a New Part 88
    The Commission will include UAS-related rules for the 5030-5091 MHz 
band in a single rule part and place such rules in a new part 88, 
rather than placing the new rules in part 87. Establishing a new part 
88 will promote ``clarity and ease of reference'' regarding the rules 
applicable to UAS operations in the 5030-5091 MHz band. The Commission 
also makes the new part 88 subject to rules under part 1, subpart F of 
the Commission's rules governing ``Wireless Radio Service'' 
applications and proceedings.
6. Technical Requirements
    The RTCA DO-362A Standard. The Commission finds it in the public 
interest to incorporate by reference the standard RTCA, Command and 
Control (C2) Data Link Minimum Operational Performance Standards (MOPS) 
(Terrestrial), RTCA-DO-362A (2020) (RTCA DO-362A) and to adopt certain 
technical requirements in our new UAS rules based on this standard. 
Taking this approach is appropriate at this time, particularly given 
today's incremental steps toward facilitating UAS operations, which 
provides a path in the 5030-5091 MHz band for authorization of NNA 
equipment and operations through shared use, while deferring for 
further consideration and study potential approaches to exclusive 
licensing for NSS operations.
    The Commission will incorporate by reference into its technical 
rules the specific sections of the RTCA DO-362A standard applicable to 
transmitter output power, emissions bandwidth, out-of-band emission 
limits, emission mask and time division duplexing. To provide 
stakeholders increased flexibility, and in lieu of mandating use of 
specific emission designators, an applicant seeking equipment 
certification may specify the emission designator appropriate to its 
equipment design and proposed operation, provided it meets the 
technical requirements governing NNA equipment and operations.
    To facilitate expedited updates to its technical rules based on 
evolving technical standards, the Commission delegates joint rulemaking 
authority to WTB and OET to incorporate into the Commission's rules, 
after notice and an opportunity for public comment if necessary or 
appropriate, any updated version of a previously incorporated technical 
standard applicable to UAS operations in the 5030-5091 MHz band. This 
delegation will help ensure that key technical updates relevant to 
requirements for authorization of UAS

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equipment and operations can be incorporated without unnecessary 
administrative delay.
7. Equipment Authorization
    To promote reliability and safety, the Commission will require 
transmitters to be certified for use in this new part 88 service 
through compliance with Office of Engineering and Technology (OET) 
procedures for equipment authorization under part 2, subpart J of the 
Commission's rules. The Commission will also require that the 
applicant, when filing the requisite application for equipment 
certification, notify the FAA of the identity of the equipment 
manufacturer. This approach will ensure that necessary coordination 
occurs with the FAA, given its responsibility for ensuring aviation 
safety in the NAS, and will prevent harmful interference through NNA 
equipment compliance with the relevant technical requirements.

B. Dynamic Frequency Management System

    The Commission will require parties seeking to use or using the NNA 
spectrum to be registered with a DFMS and to transmit in the 5030-5091 
MHz band only pursuant to and consistent with the terms of a frequency 
assignment from a Commission-approved DFMS. The Commission defines a 
DFMS as ``a frequency coordination system operating in the 5030-5091 
MHz band that (1) is highly automated and capable of providing rapid 
responses to frequency assignment requests from registered NNA 
operators, and (2) in response to such requests, is capable of 
assigning to the requesting operator temporary protected use of certain 
frequencies for a particular geographic area and time period tailored 
to the operator's submitted operation, to the extent such frequencies 
are available.''
    The Commission will approve any DFMS that can meet its 
requirements, including approving multiple DFMSs if each of them meets 
the requirements. Each approved DFMS will be required to provide access 
to frequencies nationwide, and to communicate and coordinate with the 
other approved DFMSs as necessary to ensure that their assignments are 
consistent. Below, the Commission establishes requirements to govern 
the DFMS and DFMS administrator and the process by which DFMSs and DFMS 
administrators will be approved, as well as certain rules governing the 
request and assignment process.
1. DFMS Requirements
    In the UAS NPRM, the Commission proposed certain high level 
requirements to be codified in proposed section 88.135 of the 
Commission's rules. Among these requirements, the Commission proposed 
that:
     A DFMS must provide a process for NNA users to register 
with the system for the purpose of submitting frequency assignment 
requests and obtaining frequency assignments.
     A DFMS must be capable of responding to frequency 
assignment requests nationwide and across the entire 5030-5091 MHz 
band. However, a DFMS may only make assignments for spectrum within 
those frequencies in which NNA operations are permitted.
     In response to frequency assignment requests from a 
registered NNA user, a DFMS shall determine and provide, through an 
automated (non-manual) process, a frequency assignment for a particular 
geographic area and time period tailored to the NNA user's submitted 
flight plan, to the extent that frequencies are available to meet the 
request and the assignment is otherwise consistent with this part. 
Assignments must provide protected access to frequencies over a 
duration and geographic area sufficient to cover the entire submitted 
flight plan.
     Assignments must account for the need to protect other 
authorized operations.
    The Commission adopts these requirements largely as proposed, but 
modifies the proposed requirements to clarify that it will not mandate 
that NNA users submit a ``flight plan'' in connection with their 
requests. It will still require, however, that requests be for spectrum 
to support a single UAS flight, which should help to ensure that 
parties reserve spectrum only for those times that they actually need 
the assignment, and to maximize the usage of the NNA spectrum and the 
resulting benefits. To reflect these determinations, the Commission 
modifies the proposed requirements to use the term ``UAS flight'' 
instead of ``flight plan'' (e.g., requiring that a DFMS provide a 
frequency assignment for a particular geographic area and time period 
tailored to the NNA user's submitted UAS flight).
    Interference modeling. While the Commission does not adopt any 
detailed requirements regarding the methodology or modeling for 
interference calculations, it agree with commenters that models and 
methodologies for interference determinations should be both effective 
in avoiding harmful interference and consistent between different 
DFMSs. Accordingly, it adopts these high level requirements.
    FAA authorizations. The Commission will require a DFMS to confirm 
through certifications in the frequency assignment request process that 
the requesting party has flight authorization from the FAA to cover the 
flight associated with the assignment request, and that the flight will 
only be piloted by parties that have the necessary FAA remote pilot 
authorization. While the Commission will have primary responsibility 
for the enforcement of this Commission requirement, the Commission will 
coordinate with the FAA as necessary to ensure that oversight and 
enforcement is effective. In particular, compliance questions regarding 
the underlying FAA requirements should generally be determined with FAA 
input. Therefore, the Commission will require anyone challenging a DFMS 
action with regard to this requirement or otherwise seeking a 
Commission determination regarding a party's FAA authorization in this 
context to submit, with its filing to the Commission, a determination 
from the FAA regarding whether the party in question has the relevant 
authorization under FAA rules and requirements.
    In-flight revisions. The Commission further adds a requirement that 
a DFMS be capable of responding to in-flight revision requests. The 
capacity to revise an assignment during a flight will help to address 
circumstances in which the planned area or duration of operations must 
be altered during the flight, including NPSTC's concern that, 
responding to an emergency, public safety operators will have 
difficulty predicting up front the duration of their need for the 
assignment.
    Communications between DFMS and NNA stations. The Commission also 
adds certain requirements for communications between a DFMS and NNA 
stations to better ensure compliance with DFMS assignments. The 
Commission is concerned that an approach in which a DFMS merely reviews 
requests and transmits approved assignments to operators, without any 
further mechanism or requirement to promote user compliance, will lead 
to a higher probability of communications occurring outside of 
authorized parameters, either by intention or accident, and will not 
achieve the high level of safety and reliability intended for this 
band. Accordingly, a DFMS is required to be able to communicate 
directly with a ground station operating in the NNA spectrum, or proxy 
software acting on its behalf, to achieve the

[[Page 1384]]

following: (1) ensure that all NNA stations used in the operation, 
including any ground or airborne stations, are programmed to limit 
communications in the 5030-5091 MHz band, during the period of the 
frequency assignment, to the specific frequencies assigned by the DFMS 
and in accordance with the other terms of the assignment; and (2) 
receive updates on flight status when a UA has launched and when it has 
landed. NNA ground stations are similarly required to be capable of 
communicating with a DFMS as necessary to achieve these functions.
    Limits on requests. The Commission generally provides flexibility 
to DFMSs to determine the parameters of the frequency assignment 
necessary to support the UAS flight, including specific frequencies, 
bandwidth, maximum transmit power, amount of time, and coverage area. 
As discussed above, DFMS assignments must provide protected access over 
a duration and geographic area sufficient to cover the entire submitted 
UAS flight, but the Commission does not mandate that a DFMS frequency 
assignment have the specific terms requested.
    Two specific restrictions on permissible requests are warranted to 
prevent monopolization and facilitate broader access to NNA spectrum. 
First, requests may only be approved for an operation lasting no more 
than 24 hours. This restriction is consistent with the intention that 
assignments provide support for only a single flight. Second, requests 
may not be approved for periods commencing more than seven calendar 
days after the submission of the request, except to the extent that 
lack of frequency availability in that time frame justifies a later 
assignment. Seven calendar days strikes an appropriate balance between 
preventing parties from engaging in long term reservation of the 
spectrum and permitting reservations in advance to provide greater 
certainty to parties planning their operations. These two limitations 
are based on predictive judgments regarding the extent and nature of 
uses of the spectrum and the Commission may modify the specific values 
as it develops more experience. A DFMS should be capable of 
implementing such changes to the rules.
    Coordination requirements. It will be critical, in the event there 
are multiple DFMSs, that they actively coordinate their assignments to 
avoid conflicts. Accordingly, the Commission adopts a requirement that 
a DFMS communicate and coordinate with other DFMSs as necessary to 
ensure consistent data and assignments, the safe and robust operation 
of authorized services, and compliance with the rules.
    Information submitted with registration and requests. Beyond 
requiring that registration information include the registrant's legal 
name and contact information, and that requests must address and be 
limited to the frequencies, duration, and geographic coverage necessary 
to support a single submitted UAS flight, the Commission does not 
define the specific information that a party must submit with a 
frequency assignment request or with registration. It delegates 
authority to WTB, however, to impose additional specific requirements, 
after notice and an opportunity for public comment if it deems 
necessary or appropriate, regarding information that a DFMS must 
collect regarding registrants or frequency requests, such as the 
manufacturer, producer, make, or model of the equipment used, that WTB 
determines will promote the robust and safe use of the band or 
otherwise address security concerns regarding the use of the band, and 
the DFMS must have the capability to collect such additional 
information if required by WTB or the Commission. Further, to 
facilitate inter-DFMS coordination, the Commission will mandate that 
each of the DFMSs require the same registration and request 
information, and will require that information submitted to the DFMS be 
accurate, complete, and made in good faith. In addition, consistent 
with determinations above, the Commission modifies the language in 
proposed section 88.31(a) to clarify that it does not mandate that 
assignment requests necessarily must include specific flight plans. It 
will further require operators to keep any registration information up 
to date and keep any request information up to date through the 
scheduled end of the assignment. It will also require that a DFMS 
maintain all records for at least 60 months.
    Security. Given the limited record on specific security 
requirements, however, the Commission adopts a minimum set of high 
level requirements to address security concerns: (1) a DFMS must employ 
protocols and procedures to ensure that all communications between the 
DFMS and users or NNA stations in connection with a DFMS's NNA 
functions are secure and that unauthorized parties cannot access, shut 
down, or alter the DFMS or its stored information; (2) communications 
between users and a DFMS, and between different DFMSs, must be secure 
to prevent corruption or unauthorized interception of data, and a DFMS 
must be protected from unauthorized data input or alteration of stored 
data; and (3) a DFMS must verify that the NNA stations to be used in 
operations are part 88 FCC-certified devices and must not provide 
assignments to any other device. In addition, similar to a measure 
adopted in connection with an internet-of-Things cybersecurity labeling 
program, the Commission delegates authority to WTB in coordination 
with, at a minimum, the Office of the Managing Director (OMD) 
(specifically the Office of the Chief Information Officer) and, to the 
extent necessary, the Office of General Counsel (OGC) (specifically the 
Senior Agency Official for Privacy) to identify and impose on the DFMS 
any applicable security or privacy requirements arising from Federal 
law or Federal guidance.
    Protection of other services. The Commission includes certain 
requirements regarding the protection of certain non-UAS services, 
discussed further below. In addition to these, it adopts a general 
requirement that a DFMS be capable of receiving reports of interference 
and requests for additional protection from Microwave Landing System 
(MLS) users in the 5030-5091 MHz band or authorized users in adjacent 
bands and promptly address interference issues.
    Non-discrimination. The Commission adopts a requirement that 
frequency assignment functions be performed in a non-discriminatory 
manner, and specifically requires that assignment requests generally be 
granted in a first-come-first-served manner subject only to the 
priorities specified in the rules.
    Prioritization. The Commission adopts two high-level requirements 
regarding the prioritization of requests. First, in the event of 
emergencies, a DFMS should, to the extent feasible and consistent with 
the interests of aviation safety, prioritize requests from public 
safety entities. The Commission does not permit prioritization in a way 
that would terminate or modify an NNA user's assignment while the 
assignments are in use during a UAS flight. As between the many other 
important private sector uses and critical infrastructure, the non-
discrimination principle should apply. Second, the Commission adopts a 
requirement that, in extended periods of congestion, the DFMS 
prioritize requests involving flights relying on a single ground 
station over requests that rely on multiple stations, to the extent 
feasible and consistent with the interests of aviation safety. This 
prioritization will still permit operations involving multiple ground 
stations, while ensuring that the NNA spectrum serves its intended

[[Page 1385]]

purpose. To the extent that both of the adopted priorities come into 
play, the public safety priority should take precedence.
2. DFMS Administrator Requirements
    In the UAS NPRM, the Commission also proposed requirements for DFMS 
administrators. Specifically, it proposed to require that 
administrators:
     Operate a DFMS consistent with the rules.
     Establish and follow protocols and procedures to ensure 
compliance with the rules.
     Provide service for a ten-year term. This term may be 
renewed at the Commission's discretion.
     Securely transfer all the information in the DFMS to 
another approved entity in the event it does not continue as the DFMS 
Administrator at the end of its term. It may charge a reasonable price 
for such conveyance.
     Develop a standardized process with other DFMS 
Administrators for coordinating operations with other approved DFMSs, 
avoiding any conflicting assignments, and maximizing shared use of 
available frequencies.
     Coordinate with other DFMS Administrators including, to 
the extent possible, sharing assignment and other information, 
facilitating non-interference to and from operations relying on 
assignments from other DFMSs, and other functions necessary to ensure 
that use of available spectrum is safe and efficient and consistent 
with this part.
     Ensure that the DFMS shall be available at all times to 
immediately respond to requests from authorized Commission personnel 
for any and all information stored or retained by the DFMS.
     Establish and follow protocols to comply with enforcement 
instructions from the Commission.
    The Commission largely adopts these as proposed. Given the critical 
importance of inter-DFMS coordination to the safety and reliability of 
the system, it modifies the coordination requirement to reflect that 
the specified coordination is mandatory rather than a ``best efforts'' 
requirement. Further, in addition to the limits it adopts above on 
requests to prevent monopolization of the NNA spectrum, the Commission 
also expressly authorizes DFMS administrators to adopt additional 
reasonable limits as necessary to address similar concerns. 
Specifically, it provides that the DFMS administrator may implement 
such reasonable limits on requests as are necessary to prevent the 
hoarding, warehousing, monopolization, or otherwise excessive 
reservation of NNA spectrum by a particular party.
    As an additional mechanism to assist the Commission in its 
enforcement responsibilities, DFMS administrators are required to 
establish and follow protocols to comply with enforcement instructions 
from the Commission. The Commission expects detailed enforcement 
mechanisms and procedures employed by DFMSs to be developed during the 
approval process described below, including mechanisms and procedures 
to address unauthorized use of the spectrum, and that most issues will 
be addressed through these mechanisms and procedures. However, the 
Commission retains the ultimate responsibility for and authority over 
NNA operations in the band. In the event that the DFMS is unable to 
resolve disputes or identify and address the sources of harmful 
interference or unauthorized or otherwise unlawful operations in the 
band, these issues may be addressed by the Commission.
    The Commission requires a DFMS to immediately respond to requests 
from authorized Commission personnel for any and all information stored 
or retained by the DFMS. It also anticipates that other Federal 
agencies may have important interests in obtaining DFMS information, 
particularly related to the coordination and protection of Federal UAS 
operations in the band. Accordingly, it delegates authority to WTB, in 
consultation with NTIA, to establish a process, as needed, for direct 
access by Federal agencies to information stored or retained by the 
DFMS, including the scope and terms of such access, through regulation, 
guidance, or agreement, as appropriate.
    Fees. The Commission authorizes administrators to charge reasonable 
fees for registration, assignments, and other services, including 
reasonable usage-based fees. DFMS fees will not only be necessary to 
fund the development and operation of a DFMS, but can provide UAS 
operators with important incentives to use the limited NNA spectrum 
efficiently and discourage monopolization, warehousing, or hoarding.
3. DFMS and DFMS Administrator Approval Process
    The Commission adopts an approach for review and approval of DFMS 
and DFMS administrators similar to the Commission's process for 
selection of Spectrum Access Systems (SASs) and SAS administrators, and 
delegates authority jointly to WTB and OET to administer this process 
in close consultation at all stages of the process with the FAA and 
NTIA, as well as other administrative authority over the DFMS 
comparable to the delegation granted to WTB and OET to administer the 
SASs. It further delegates authority jointly to WTB and the Office of 
the Managing Director (OMD) to determine fees, if any, in connection 
with the filing of a petition to be a DFMS administrator. It also 
direct WTB to obtain Office of Management and Budget review of all 
information collections associated with this process as required under 
the Paperwork Reduction Act.
4. Obtaining an Assignment From a DFMS
    In the UAS NPRM, the Commission proposed rules governing the 
process by which parties would obtain an NNA frequency assignment from 
a DFMS. Among these, it proposed that NNA users registered with a DFMS 
may submit a request for temporary frequency assignment for CNPC 
limited to the duration and geographic coverage necessary to support a 
single submitted UAS flight plan. It further proposed that requests may 
be made either prior to an operation or submitted during the relevant 
operation to modify the assignment, and that modification requests must 
be made to the same DFMS responsible for the original assignment. In 
addition, it proposed that, if frequencies meeting the request are 
available, the DFMS would assign them on an exclusive but temporary 
basis, with the scope of the assignment tailored in both duration and 
geographic coverage to ensure interference-free communications for the 
entire submitted UAS flight plan. It also proposed that, when using the 
services of a DFMS, an NNA user shall comply with all instructions of 
the DFMS Administrator, including those regarding registration, 
requests and other submissions to the DFMS, and operational use of NNA 
assignments.
    Consistent with actions discussed above, instead of requiring 
submission of a ``flight plan,'' the Commission establishes a more 
flexible requirement to submit a ``UAS flight.'' Otherwise, it adopt 
these provisions substantially as proposed.
5. Interim Access Mechanism
    The Commission establishes an interim access mechanism (IAM) to 
provide access to the 5030-5091 MHz band during the provisional period 
before a DFMS is operational. Specifically, the IAM will be available 
to all eligible NNA operators licensed by rule, and will allow limited, 
short-term access to 20 megahertz of spectrum in

[[Page 1386]]

the 5040-5060 MHz band of frequencies. The initial access will only be 
suitable for NNA operations, which are typically single flights or 
events. In order for NNA operators to gain access and begin 
transmission in the 5040-5060 MHz block, they must complete a two-step 
process, including FAA coordination and FCC registration.
    Transition to DFMS Management of NNA Spectrum. When a DFMS is first 
granted final approval, as discussed above, WTB will issue a public 
notice establishing the date on which the DFMS may begin operations, 
after which parties seeking access to NNA spectrum must request a 
frequency assignment from the DFMS. For the DFMS assignment process to 
reliably determine interference impacts, it is critical that all UAS 
operations have gone through a DFMS. Accordingly, after the date on 
which a DFMS first begins operation, parties may not seek or use 
assignments from the IAM. After such date, the spectrum available for 
NNA operations will be restricted to 10 megahertz, as discussed above. 
If WTB finds it appropriate to help ensure a smooth transition, it may 
establish and announce by public notice a date prior to final approval 
of a DFMS after which requests will no longer be processed through IAM, 
but no earlier than the date of the first DFMS conditional approval. 
Further, WTB is authorized to take any other necessary steps to ensure 
a smooth transition to the DFMS management of the NNA spectrum, 
including setting the date for a DFMS to begin operations a sufficient 
period after the date of final approval to permit all or most of the 
outstanding IAM approvals to expire.

C. Compatibility With Other Services

1. Microwave Landing Systems
    Given that there are no non-Federal Microwave Landing System (MLS) 
stations in the band, and that the Commission does not anticipate 
licensing any future MLS systems, it adopts no measures to protect such 
operations. Because it anticipates continued use of Federal MLS by the 
Air Force, the Commission will establish exclusion zones to protect 
such systems. Further, it will require the DFMS to retain information 
on, and enforce, the zones sufficient to protect any Federal MLS 
stations in the 5030-5091 MHz band. The Commission will coordinate with 
NTIA to identify both the current locations of Federal MLS and the 
appropriate exclusion zones, after which the exclusion zones will be 
identified by Public Notice. To the extent that these locations change, 
such changes can be addressed through a similar process. The Commission 
delegates authority to WTB to issue the public notice identifying any 
initial MLS exclusion zones as well and any subsequent public notices 
necessary to identify changes.
2. Radionavigation-Satellite Service and AeroMACS
    The Commission concludes that the technical requirements applicable 
to NNA combined with the frequency separation between the NNA spectrum 
and the 5010-5030 MHz band will be sufficient to provide compatibility 
between NNA operations and Radionavigation-satellite Service (RNSS) in 
the 5010-5030 MHz band. The Commission similarly concludes that the 
adopted technical requirements, combined with the frequency separation, 
will be adequate regulatory measures to provide compatibility between 
NNA operations and AeroMACS in the upper and lower bands adjacent to 
the 5030-5091 MHz band.
3. Aeronautical Mobile Telemetry
    The Commission finds that the limits adopted through incorporation 
by reference to provisions of RTCA DO-362A are also sufficient to 
protect Aeronautical Mobile Telemetry (AMT) in the 5091-5150 MHz band. 
Accordingly, it declines to require NNA operations to also comply with 
the criteria of ITU-R M.1459.
4. Mobile Satellite Service Feeder Links
    The Commission does not anticipate that rule-compliant fixed earth 
stations in the 5091-5250 MHz band will cause harmful interference to 
NNA operations in the 5030-5091 MHz band. Nevertheless, to address the 
unlikely possibility of interference to UAS operations, the Commission 
clarifies that a Mobile Satellite Service (MSS) feeder link licensee in 
the 5091-5250 MHz band will only be responsible for curing harmful 
interference from its earth station to NNA operations in the 
neighboring 5030-5091 MHz band to the extent such interference is the 
result of the licensee's non-compliance with applicable license or 
regulatory requirements.
5. Radio Astronomy
    National Radio Quiet Zone (NRQZ). The Commission requires 
coordination within the NRQZ. As described in detail below, the 
coordination requirements are modeled after the NRQZ coordination 
procedures applicable to other services under section 1.924(a) of the 
Commission's rules. Because these procedures assume that a station 
license application is being submitted to the Commission, however, the 
Commission modifies them to work with the instant context in which a 
frequency assignment request will be submitted instead to a DFMS. 
Specifically, it provide that parties planning to operate an NNA 
station at locations within the NRQZ must notify the National Radio 
Quiet Zone Administrator (NRQZ Administrator) in writing in advance or 
simultaneously with the filing of the request. Although section 
1.924(a) procedures are limited to fixed permanent stations, the 
Commission finds that procedures for NNA operations in the 5030-5091 
MHz band should apply more broadly. Given the inherently short-term 
nature of NNA operations, such operations are likely to often rely on 
temporary stations. Limiting coordination to permanent stations, 
particularly with the aeronautical focus of the service, might 
therefore not provide adequate coordination. The Commission also 
adopts, however, two measures to reduce the burden of coordinating 
short term operations. First, it provides that the NRQZ Administrator 
may provide safe harbors for NNA operations in the NRQZ that do not 
require notification, but a party submitting a frequency assignment 
request under this exception must certify that their request meets the 
criteria for a safe harbor and provide any additional supporting 
documentation required by the DFMS. Further, if a party's operation or 
revision of an operation is within the scope of an approval previously 
granted to the party by the NRQZ Administrator, including any time 
limits on the approval, altitude limits, or other applicable 
conditions, the party need not provide notification of the operation or 
revision to the NRQZ Administrator, but must submit the approval with 
its assignment request.
    CORF recommends that the coordination notice should be sent to 
[email protected]. The Commission adopts the same mailing address specified 
in section 1.924(a) and applicable to every other service as the 
initial point of contact, but also permits notification to be sent by 
electronic mail to [email protected], which should facilitate a more rapid 
coordination. The coordination process based on this notification will 
largely follow the procedures under section 1.924(a), with appropriate 
changes made to reflect the role of the DFMS. Thus, when a request for 
frequency assignment is filed with the DFMS, the notification may be 
submitted prior to or simultaneously

[[Page 1387]]

with the request. After receipt, the DFMS will allow a period of 20 
days for objections. If a DFMS determines that a request is subject to 
one of the two exceptions to notification discussed above, it shall 
process the request without waiting the 20-day period.
    If a DFMS receives an NRQZ Administrator approval of operations 
that includes the operation associated with the request, if the request 
is within the scope of a safe harbor established by the NRQZ 
Administrator, or if the 20-day period passes without objection, the 
DFMS shall process the request under normal procedures, except with 
regard to the restriction established above that requests may not be 
granted more than seven calendar days in advance. To accommodate the 
20-day period for objections, the Commission provides that, when this 
period is applicable, requests may be approved for periods commencing 
more than seven calendar days after the submission of the request, but 
no more than seven calendar days after the date of DFMS decision. If 
objections are received in the 20-day period, the DFMS administrator 
will forward the record, including the frequency request, to the 
Commission. After consideration of the record, the Commission will take 
whatever action is deemed appropriate, including, potentially, 
providing direction to the relevant DFMS administrator regarding 
resolution of the request.
    RAS Outside the NRQZ. With regard to radio astronomy observations 
in the adjacent 4990-5000 MHz band, the Commission confirms, as 
recommended by NTIA and other commenters, that NNA operations remain 
subject to footnote US211 of the Table of Allocations. The Commission 
declines to adopt CORF's proposal for exclusion zones to protect 
observations at sites in both the 4990-5000 MHz band and inside the 
5030-5091 MHz band. To facilitate operation of both UAS systems and 
radio astronomy systems, however, it will require a DFMS to immediately 
notify the National Science Foundation, Division of Astronomical 
Sciences, Electromagnetic Spectrum Management Unit, by email of any 
assignments that it approves for UAS operations in the vicinity of the 
radio astronomy facilities identified in footnote US385 of the Table of 
Allocations, which identifies the sites at which radio astronomy 
observations are performed in 4990-5000 MHz. Further, for clarity, the 
Commission will list these facilities in the relevant part 88 rule.
6. Canadian and Mexican Coordination
    The Commission does not adopt any measure at this time to address 
operations near the border. Instead, DFMS administrators will be 
required to demonstrate that their systems can and will enforce 
agreements between the U.S., Canadian, and Mexican governments 
regarding commercial operations in the 5030-5091 MHz Band. The specific 
methods of enforcement will be determined and implemented by DFMS 
administrators, with appropriate Commission oversight, after such 
agreements are in place.

Procedural Matters

    Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, 
as amended (RFA), requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, the Commission has prepared a Final Regulatory 
Flexibility Analysis (FRFA), below, concerning rule and policy changes 
in the Report and Order.
    Paperwork Reduction Act. The Report and Order contains new 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. All such new requirements will be 
submitted to the Office of Management and Budget (OMB) for review under 
section 3507(d) of the PRA. OMB, the general public, and other Federal 
agencies will be invited to comment on any new or modified information 
collection requirements contained in this proceeding. The Commission 
will publish a separate document in the Federal Register at a later 
date seeking these comments.
    Congressional Review Act. The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs, that this rule is non-major 
under the Congressional Review Act, 5 U.S.C. 804(2). The Commission 
will send a copy of the Report and Order to Congress and the Government 
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
    Accessing Materials. The Office of Federal Register (OFR) 
regulations require that agencies must discuss in the preamble to the 
Federal Register summary of a final rule the ways that the materials 
incorporated by reference are reasonably available to interested 
parties and that interested parties can obtain the materials. In 
addition, OFR regulations require that the preamble to the Federal 
Register summary of a final rule summarize the material incorporated by 
reference.
    Sections 88.101, 88.103, 88.105, 88.107, and 88.109 of the rules 
adopted herein incorporate by reference certain requirements in 
standards established by the RTCA Special Committee-228, referred to as 
RTCA, Inc. Command and Control (C2) Data Link Minimum Operational 
Performance Standards (MOPS) (Terrestrial), RTCA-DO-362A (December 17, 
2020). These standards provide the technical requirements for equipment 
manufacturers and operators of equipment used for UAS NNA operations in 
the 5030-5091 MHz band. In particular, the standards provide 
information regarding the following technical parameters: transmitter 
output power, emissions bandwidth, out-of-band emissions, emission 
mask, and the applicable time division duplexing frame rate. The text 
of RTCA DO-362A is available online for a fee at https://my.rtca.org/productdetails?id=a1B1R00000LoYFZUA3.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Spectrum Rules and Policies for the Operation of 
Unmanned Aircraft Systems; Petition of AIA for Rulemaking to Adopt 
Service Rules for Unmanned Aircraft Systems Command and Control in the 
5030-5091 MHz Band, Notice of Proposed Rulemaking (NPRM) released in 
January 2023. The Federal Communications Commission (Commission) sought 
written public comment on the proposals in the NPRM, including comments 
on the IRFA. No comments were filed addressing the IRFA. This Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    In the Report and Order, the Commission takes significant action to 
adopt initial service rules for uncrewed aircraft systems (UAS) in the 
5030-5091 MHz band and enable UAS operators to access dedicated 
spectrum with the required reliability to support safety-of-flight, 
control-related communications while also allowing flexibility for the 
industry to further develop. Specifically, the Commission adopts 
service rules that provide operators the ability to obtain direct 
frequency assignments in a portion of the 5030-5091 MHz band. These 
service rules are necessary to provide a critical first step to promote 
access by UAS operators to dedicated spectrum while also allowing a 
consensus to emerge on key issues for

[[Page 1388]]

this industry. Achieving the extraordinary potential of UAS technology 
will require integrating UAS operations into the National Airspace 
System (NAS), including in the controlled airspace in which commercial 
passenger flights operate and in circumstances with heightened risk, 
such as flights involving large aircraft or carrying passengers or 
flights beyond line of sight of the remote pilot. To ensure that these 
flights are sufficiently safe for routine operation, highly reliable 
wireless two-way communications for flight control and telemetry are 
required. Therefore, the Commission adopts initial service rules for 
the 5030-5091 MHz band.
    In furtherance of these objectives, the Commission adopts service 
rules where one or more dynamic frequency management systems (DFMSs) 
will manage and coordinate access to the spectrum and enable its safe 
and efficient use, by providing requesting operators with temporary 
frequency assignments to support UAS control link communications with a 
level of reliability suitable for operations in controlled airspace and 
other safety-critical circumstances. To provide this level of 
reliability, the Commission adopts technical requirements drawn from 
minimum operational performance standards that were developed by an 
aviation industry standards body specifically to support UAS control 
links in the 5030-5091 MHz band and were approved by the Federal 
Aviation Administration (FAA) for this purpose. To address concerns 
regarding the impact of these aeronautical operations on adjacent 
services, the Commission locates these operations, for now, in the 
central part of the band, with substantial separation from the bands 
adjacent to the 5030-5091 MHz band. The Commission finds wide support 
in the record for enabling early, direct access to a portion of the 
band for protected assignments under DFMS coordination and expects that 
such access will help to facilitate the safe integration of UAS 
operations into the NAS so that the United States can realize the 
enormous potential benefits that UAS operations can provide.
    The Commission is addressing service rules for UAS operations in 
the 5030-5091 MHz band in phases. In this initial step, the Commission 
opens a portion of the band for NNA operations to enable early, low-
cost access to the benefits of dedicated spectrum for UAS control 
communications. The Commission anticipates that subsequent phases will 
address broader use of the band, potentially with the assistance of a 
Federal Advisory Committee or other efforts to further assess and 
engage stakeholders on the potential uses of the band and the 
appropriate regulatory measures to enable such uses, including but not 
limited to studies pursuant to the implementation of the National 
Spectrum Strategy. In subsequent phases, the Commission intends to 
resolve issues including (1) the final band plan for the 5030-5091 MHz 
band, which may include moving NNA operations to another location in 
the band; (2) measures to ensure compatibility between UAS stations 
operating at and near the edges of the 5030-5091 MHz band and services 
in adjacent spectrum; and (3) service rules for exclusive-use licenses 
enabling network-supported services in the band, including the scope of 
such services. The Commission further intends to continue close 
coordination with our Federal partners, including the FAA and the 
National Telecommunications and Information Administration (NTIA), to 
ensure that UAS operations supported by this band remain compatible 
with aviation safety and concerns, and to develop an appropriate long-
term framework for the accommodation of Federal agencies seeking access 
to the Federal allocation in the band for their own UAS operations.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    There were no comments filed that specifically addressed the rules 
and policies proposed in the IRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    Pursuant to the Small Business Jobs Act of 2010, which amended the 
RFA, the Commission is required to respond to any comments filed by the 
Chief Counsel for Advocacy of the Small Business Administration (SBA), 
and to provide a detailed statement of any change made to the proposed 
rules as a result of those comments. The Chief Counsel did not file any 
comments in response to the proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. A small business concern is one that: (1) is independently owned 
and operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the SBA.
    Small Businesses, Small Organizations, Small Governmental 
Jurisdictions. Our actions, over time, may affect small entities that 
are not easily categorized at present. The Commission therefore 
describes, at the outset, three broad groups of small entities that 
could be directly affected herein. First, while there are industry 
specific size standards for small businesses that are used in the 
regulatory flexibility analysis, according to data from the Small 
Business Administration's (SBA) Office of Advocacy, in general a small 
business is an independent business having fewer than 500 employees. 
These types of small businesses represent 99.9% of all businesses in 
the United States, which translates to 33.2 million businesses.
    Next, the type of small entity described as a ``small 
organization'' is generally ``any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.'' 
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000 
or less to delineate its annual electronic filing requirements for 
small exempt organizations. Nationwide, for tax year 2022, there were 
approximately 530,109 small exempt organizations in the U.S. reporting 
revenues of $50,000 or less according to the registration and tax data 
for exempt organizations available from the IRS.
    Finally, the small entity described as a ``small governmental 
jurisdiction'' is defined generally as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' U.S. Census 
Bureau data from the 2022 Census of Governments indicate there were 
90,837 local governmental jurisdictions consisting of general purpose 
governments and special purpose governments in the United States. Of 
this number, there were 36,845 general purpose governments (county, 
municipal, and town or township) with populations of less than 50,000 
and 11,879 special purpose governments (independent school districts) 
with enrollment populations of less than 50,000. Accordingly, based on 
the 2022 U.S. Census of Governments data, the Commission estimates that 
at least

[[Page 1389]]

48,724 entities fall into the category of ``small governmental 
jurisdictions.''
    Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular services, paging 
services, wireless internet access, and wireless video services. The 
SBA size standard for this industry classifies a business as small if 
it has 1,500 or fewer employees. U.S. Census Bureau data for 2017 show 
that there were 2,893 firms in this industry that operated for the 
entire year. Of that number, 2,837 firms employed fewer than 250 
employees. Additionally, based on Commission data in the 2022 Universal 
Service Monitoring Report, as of December 31, 2021, there were 594 
providers that reported they were engaged in the provision of wireless 
services. Of these providers, the Commission estimates that 511 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, most of these providers can be considered 
small entities.
    Satellite Telecommunications. This industry comprises firms 
``primarily engaged in providing telecommunications services to other 
establishments in the telecommunications and broadcasting industries by 
forwarding and receiving communications signals via a system of 
satellites or reselling satellite telecommunications.'' Satellite 
telecommunications service providers include satellite and earth 
station operators. The SBA small business size standard for this 
industry classifies a business with $38.5 million or less in annual 
receipts as small. U.S. Census Bureau data for 2017 show that 275 firms 
in this industry operated for the entire year. Of this number, 242 
firms had revenue of less than $25 million. Additionally, based on 
Commission data in the 2022 Universal Service Monitoring Report, as of 
December 31, 2021, there were 65 providers that reported they were 
engaged in the provision of satellite telecommunications services. Of 
these providers, the Commission estimates that approximately 42 
providers have 1,500 or fewer employees. Consequently, using the SBA's 
small business size standard, a little more than half of these 
providers can be considered small entities.
    All Other Telecommunications. This industry is comprised of 
establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. Providers of 
internet services (e.g., dial-up ISPs) or Voice over internet Protocol 
(VoIP) services, via client-supplied telecommunications connections are 
also included in this industry. The SBA small business size standard 
for this industry classifies firms with annual receipts of $35 million 
or less as small. U.S. Census Bureau data for 2017 show that there were 
1,079 firms in this industry that operated for the entire year. Of 
those firms, 1,039 had revenue of less than $25 million. Based on this 
data, the Commission estimates that the majority of ``All Other 
Telecommunications'' firms can be considered small.
    Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. This industry comprises establishments 
primarily engaged in manufacturing radio and television broadcast and 
wireless communications equipment. Examples of products made by these 
establishments are: transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment. The SBA small business size standard for this 
industry classifies businesses having 1,250 employees or less as small. 
U.S. Census Bureau data for 2017 show that there were 656 firms in this 
industry that operated for the entire year. Of this number, 624 firms 
had fewer than 250 employees. Thus, under the SBA size standard, the 
majority of firms in this industry can be considered small.
    Uncrewed Aircraft Radio Equipment Manufacturers. Neither the SBA 
nor the Commission have developed a small business size standard 
specifically applicable to uncrewed aircraft radio equipment 
manufacturers. Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing is the closest industry with an 
SBA small business size standard. The SBA small business size standard 
for this industry classifies businesses having 1,250 employees or less 
as small. U.S. Census Bureau data for 2017 show that there were 656 
firms in this industry that operated for the entire year. Of this 
number, 624 firms had fewer than 250 employees. In addition, the SBA 
provides a size standard for the Aircraft Manufacturing industry, which 
includes the manufacture of uncrewed and robotic aircraft. The SBA 
small business size standard for this industry classifies businesses 
having 1,500 employees or less as small. U.S. Census Bureau data for 
2017 show that there were 254 firms in this industry that operated for 
the entire year. Of this number, 227 firms had fewer than 250 
employees. Based on this data, the Commission concludes that a majority 
of manufacturers in this industry are small.
    Uncrewed Aircraft System Operators. Neither the Commission nor the 
SBA have developed a small business size standard specifically 
applicable to UAS operators. The Commission lacks data on the number of 
operators in the United States that could be subject to the rules, 
therefore it is not possible to determine the number of affected small 
entity operators at this time. The Commission finds, however, that the 
Regulatory Flexibility Analysis of the FAA Remote ID rule is helpful. 
In this analysis, the FAA assessed the impact of the rule on small 
entity non-recreational UAS operators based on an analysis that the 
Association for Uncrewed Vehicle Systems International (AUVSI) 
performed relating to part 107 waivers. In the analysis, the AUVSI 
determined that 92 percent of the waivers were issued to entities with 
fewer than 100 employees. Based on this data, the FAA determined that a 
majority of entities currently operating uncrewed aircraft for other 
than recreational purposes are small. Accordingly, based on the FAA's 
determination, the Commission concludes that a majority of uncrewed UAS 
operators are small entities.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    The rules adopted in the Report and Order will implement new 
reporting, recordkeeping, or other compliance requirements on certain 
small entities. These requirements, which are summarized below, were 
thoughtfully considered to minimize burdens to small businesses while 
also ensuring the level of reliability necessary to support safety-
critical UAS communications. The Commission does not expect compliance 
with the rules adopted in the Report and Order to cause small entities 
to incur significant compliance costs. The Commission further notes 
that while it sought comment from concerned parties regarding costs

[[Page 1390]]

related to compliance requirements, the record did not include concerns 
raised by small entities about compliance costs.
    Dynamic Frequency Management System. The Report and Order permits 
more than one DFMS administrator to operate a DFMS in the band, and 
each approved DFMS will be required to communicate and coordinate with 
other approved DFMSs as necessary to ensure that their assignments are 
consistent. It will be critical for DFMS administrators to agree on and 
implement appropriate DFMS-to-DFMS lines of communication, as well as 
protocols for coordination and common interference models, that ensure 
any inconsistencies in assignments are avoided or are otherwise very 
quickly identified and resolved. Furthermore, the Commission 
establishes requirements that are high-level guidelines that describe 
minimum requirements for DFMSs and DFMS administrators. A DFMS will 
require sufficient information regarding the time, relevant geographic 
area, and, potentially, altitude of a UAS operation to model potential 
interference impacts; however, the Commission does not intend to 
specify the particular content or format of that information, but to 
give stakeholders flexibility to develop standards to implement this 
requirement. The requests must be for spectrum to support a single UAS 
flight, which should help to ensure that parties reserve spectrum only 
for those times and frequencies that they actually need, and to 
maximize the usage of the NNA spectrum.
    The Report and Order adopts the proposed section 88.135 
requirements from the NPRM, which include that (1) a DFMS must provide 
a process for NNA users to register with the system for the purpose of 
submitting frequency assignment requests and obtaining frequency 
assignments; (2) a DFMS must be capable of processing frequency 
assignment requests nationwide and across the entire 5030-5091 MHz 
band; however, a DFMS may only make assignments for spectrum within 
those frequencies in which NNA operations are permitted; (3) a DFMS 
shall determine and provide, through an automated (non-manual) process, 
an assignment of frequencies for a particular geographic area and time 
period; and (4) assignments must account for the need to protect other 
authorized operations.
    The Commission also incorporates a high-level requirement regarding 
the process of interference calculations. While the Commission does not 
adopt any detailed requirements regarding the methodology or modeling 
for interference calculations, the Commission agrees that the models 
and methodologies for interference determinations should be both 
accurate and consistent between different DFMSs. The Commission 
envisions that stakeholders will establish detailed standards for 
specific models and methods that meet the Commission's requirements, 
but emphasizes that any standards established must be in compliance 
with the rules. Furthermore, the Commission includes a requirement to 
help ensure that parties requesting frequency assignments have the 
necessary FAA pilot and flight authorizations, obligating a DFMS to 
confirm through certifications that the party requesting a frequency 
assignment has flight authorization from the FAA to cover the flight 
associated with the assignment request, and that the flight will only 
be piloted by parties that have the necessary FAA remote pilot 
authorization. The Commission does not expect this requirement to be 
time-consuming because, while a DFMS may implement additional measures 
to obtain confirmation, the Commission only requires it to implement 
certifications. Further, the Commission finds that it will provide 
further assurance that the NNA spectrum is used for authorized 
purposes. Finally, the Commission adopts a requirement that a DFMS be 
capable of responding to in-flight revision requests.
    Additionally, the Commission authorizes certain requirements for 
communications between DFMS and NNA stations to better ensure 
compliance with DFMS assignments, specifically that a DFMS be able to 
communicate directly with a ground station operating in the NNA 
spectrum, or proxy software acting on its behalf, to achieve the 
following: (1) ensure that all NNA stations used in the operation, 
including any ground or airborne stations, are programmed to limit 
communications in the 5030-5091 MHz band, during the period of the 
frequency assignment, to the specific frequencies assigned by the DFMS 
and in accordance with the other terms of the assignment; and (2) 
receive updates on flight status when an uncrewed aircraft has launched 
and when it has landed. The Commission will similarly require NNA 
ground stations to be capable of communicating with a DFMS as necessary 
to achieve these functions. These obligations will better ensure 
compliance with DFMS assignments.
    In seeking to address concerns that a party may hoard or monopolize 
the limited spectrum available for NNA operations, the Commission 
adopts requirements that a DFMS grant assignments sufficient to provide 
protected access over a duration and geographic area sufficient to 
cover the entire submitted UAS flight but does not mandate that a DFMS 
frequency assignment have the specific terms requested. These are 
solely high-level obligations, and the Commission does not wish to 
preclude administrators from developing common policies, standards, or 
approaches regarding the assessment and granting of requests to better 
meet the industry's collective need for this limited spectrum resource. 
To further ensure prevention of monopolization and facilitate broader 
access to NNA spectrum, the Commission provides that requests may only 
be approved for an operation lasting no more than 24 hours and provides 
that requests may not be approved for periods commencing eight or more 
calendar days after the submission of the request, except to the extent 
that lack of frequency availability in that time frame justifies a 
later assignment. The Commission also adopts a requirement that a DFMS 
communicate and coordinate with other DFMSs as necessary to ensure 
consistent data and assignments, the safe and robust operation of 
authorized services, and compliance with the rules to ensure the proper 
functioning of the DFMSs.
    The Commission does not define the specific information that a 
party must submit with a frequency assignment request or with 
registration. To facilitate inter-DFMS coordination, the Commission 
will mandate that each DFMS require the same registration and request 
information, and that information submitted to a DFMS be true, 
complete, correct, and made in good faith. The Commission will further 
require operators to keep any registration information up to date and 
keep any request information up to date through the scheduled end of 
the assignment. Further, the Commission will require a DFMS to maintain 
all records for at least 60 months.
    Regarding security, the Commission adopts high-level requirements 
that (1) a DFMS must employ protocols and procedures to ensure that all 
communications between the DFMS and users or NNA stations in connection 
with a DFMS's NNA functions are secure and that unauthorized parties 
cannot access, shut down, or alter the DFMS or its stored information; 
and (2) communications between users and a DFMS, and between different 
DFMSs, must be secure to prevent corruption or unauthorized 
interception of data, and a DFMS must be protected from unauthorized 
data input or alteration of

[[Page 1391]]

stored data; and (3) a DFMS must verify that the NNA stations to be 
used in operations are FCC-certified devices and must not provide 
assignments to an uncertified device.
    Furthermore, the Commission adopts two high-level requirements 
regarding the prioritization of requests. While the Commission will 
generally require the DFMS to process requests in a non-discriminatory, 
first-come-first-served manner, the Commission finds that two 
priorities in the event of congestion are in the public interest. 
First, the Commission provides that, in the event of emergencies, a 
DFMS should, to the extent feasible and consistent with the interests 
of aviation safety, prioritize requests from public safety entities. 
The Commission expects that, as with other high-level requirements, 
stakeholders will develop common standards regarding who qualifies as 
public safety entities and other such questions. Second, the Commission 
adopts a requirement that, in extended periods of congestion, the DFMS 
prioritize requests involving flights relying on a single ground 
station over requests that rely on multiple stations, to the extent 
feasible and consistent with the interests of aviation safety. For both 
of these requirements, the Commission anticipates that stakeholders 
will work collaboratively to develop appropriate standards and 
practices to implement them.
    The Commission also adopts several requirements for DFMS 
administrators. These obligations include: (1) operate a DFMS 
consistent with the rules; (2) establish and follow protocols and 
procedures to ensure compliance with the rules; (3) provide service for 
a ten-year term, which may be renewed at the Commission's discretion; 
(4) securely transfer all the information in the DFMS to another 
approved entity in the event it does not continue as the DFMS 
administrator at the end of its term; (5) develop a standardized 
process with other DFMS administrators for coordinating operations with 
other approved DFMSs, avoiding any conflicting assignments, and 
maximizing shared use of available frequencies; (6) coordinate with 
other DFMS administrators including sharing assignment and other 
information, facilitating non-interference to and from operations 
relying on assignments from other DFMSs, and other functions necessary 
to ensure that use of available spectrum is safe and efficient and 
consistent with the rules; (7) ensure that the DFMS shall be available 
at all times to immediately respond to requests from authorized 
Commission personnel for any and all information stored or retained by 
the DFMS; (8) establish and follow protocols to comply with enforcement 
instructions from the Commission; and (9) implement such reasonable 
limits on requests as are necessary to prevent the hoarding, 
warehousing, monopolization, or otherwise excessive reservation of NNA 
spectrum by a particular party.
    To assist in its enforcement responsibilities, the Commission 
adopts a requirement that DFMS administrators establish and follow 
protocols to comply with enforcement instructions from the Commission. 
The Commission expects detailed enforcement mechanisms and procedures 
employed by DFMSs to be developed during the approval process, 
including mechanisms and procedures to address unauthorized use of the 
spectrum, and the Commission anticipates that most issues will be 
addressed through these mechanisms.
    Radionavigation-Satellite Service. The 5010-5030 MHz band includes 
an allocation for the radionavigation-satellite service (RNSS) (space-
to-Earth) for potential future use. Footnote 5.443C of the Table of 
Frequency Allocations addresses requirements in the 5030-5091 MHz band 
for the protection of RNSS downlinks. Specifically, it provides that 
``[u]nwanted emissions from the aeronautical mobile (R) service in the 
frequency band 5030-5091 MHz shall be limited to protect RNSS system 
downlinks in the adjacent 5010-5030 MHz band'' and that ``[u]ntil such 
time that an appropriate value is established in a relevant 
International Telecommunication Union Radiocommunication Sector (ITU-R) 
Recommendation, the equivalent isotropic radiated power density limit 
of -75 dBW/MHz in the frequency band 5010-5030 MHz for any AM(R)S 
station unwanted emission should be used.'' Footnote 5.443C further 
limits aeronautical mobile (route) service (AM(R)S) use of the 5030-
5091 MHz band to ``internationally standardized aeronautical systems.'' 
As NNA operations services would be part of the AM(R)S allocation, the 
requirements of footnote 5.443C would apply to such operations in the 
5030-5091 MHz band.
    AeroMACS. AeroMACS is a wireless broadband aeronautical mobile 
(route) service system that will enable communications for surface 
operations at airports between aircraft and other vehicles and between 
other critical fixed assets. The Commission allocated both the 5000-
5030 MHz and 5091-5150 MHz bands for such use but has not yet 
established service rules in either band. The AeroMACS allocation for 
5010-5030 MHz further provides that in making assignments for this 
band, attempts shall first be made to satisfy requirements in the bands 
5000-5010 MHz and 5091-5150 MHz. The Commission concludes that the 
adopted technical requirements, combined with the frequency separation, 
will be adequate regulatory measures to provide compatibility between 
NNA operations and AeroMACS in the upper and lower band. These limits 
are drawn from the technical requirements of RTCA DO-362A, which are 
detailed below.
    Aeronautical Mobile Telemetry. The 5091-5150 MHz band is also 
allocated for Federal and non-Federal aeronautical mobile telemetry 
(AMT) communications from aircraft stations, subject to the technical 
parameters in ITU Resolution 418 (WRC-12) intended to ensure 
compatibility with other services. According to the NTIA, Federal 
agencies currently use this allocation in the 5091-5150 MHz band to 
support flight testing. The band is similarly used for non-Federal 
flight-testing operations. As specified in footnote US111 of the Table 
of Allocations, flight testing in the 5091-5150 MHz band is conducted 
at seventeen locations, and additional locations may be authorized on a 
case-by-case basis. The Commission finds that the limits adopted today, 
drawn from RTCA DO-362A, are sufficient to protect AMT.
    Mobile Satellite Service Earth Stations. As specified in the 
footnote US444A of the Table of Allocations, the 5091-5250 MHz band is 
also allocated to the fixed-satellite service (Earth-to-space) on a 
primary basis for non-Federal use, limited to feeder links of non-
geostationary satellite systems in the Mobile Satellite Service (MSS). 
After January 1, 2016, the 5091-5150 MHz portion of this allocation 
permitted no new assignments. Globalstar operates gateway earth 
stations in the 5096-5250 MHz band under this allocation as part of its 
global mobile satellite service. To address the unlikely possibility of 
interference with UAS operations, the Commission clarifies that the 
responsibility to resolve interference between rule-compliant MSS earth 
stations and UAS is on the new UAS services. MSS earth station 
licensees in the 5091-5250 MHz band will only be responsible for curing 
harmful interference from its earth station to NNA operations in the 
neighboring 5030-5091 MHz band to the extent such interference is the 
result of the licensee's non-compliance with applicable license or 
regulatory requirements.
    Radio Astronomy. In the Report and Order, the Commission requires

[[Page 1392]]

coordination within the National Radio Quiet Zone (NRQZ). The 
coordination requirements are modeled after the NRQZ coordination 
procedures applicable to other services under section 1.924(a) of the 
Commission's rules but modified to work with the instant context in 
which a frequency assignment request will be submitted instead to a 
DFMS. Specifically, the Commission provides that parties planning to 
operate an NNA station at locations within the NRQZ must notify the 
NRQZ Administrator in writing in advance or simultaneously with the 
filing of the request. To reduce the burden of coordinating short term 
operations, the Commission adopts two measures: a provision that the 
NRQZ Administrator may establish a safe harbor for NNA operations in 
the NRQZ that do not require notification and a measure that a party 
need not notify the NRQZ Administrator if the party's operation or 
revision of an operation is within the scope of an approval previously 
granted to the party by the NRQZ Administrator. Furthermore, the 
coordination process will largely follow the procedures under section 
1.924(a), with appropriate changes made to reflect the role of the 
DFMS. Thus, when a request for frequency assignment is filed with the 
DFMS, the notification may be submitted prior to or simultaneously with 
the request. After receipt, the DFMS will allow a period of 20 days for 
objections. If a DFMS determines that a request is subject to one of 
the two exceptions to notification, it shall process the request 
without waiting the 20-day period. If the DFMS receives a NRQZ 
Administrator approval of operations that includes the operation 
associated with the request, if the request is within the scope of a 
safe harbor established by the NRQZ Administrator, or if the 20-day 
period passes without objection, the DFMS will process the request 
under normal procedures, except that requests may be approved for 
periods commencing more than seven calendar days after the submission 
of the request, but no more than seven calendar days after the date of 
decision. If objections are received in the 20-day period, the DFMS 
will forward the record, including the frequency request, to the 
Commission. After consideration of the record, the Commission will take 
whatever action is deemed appropriate, including, potentially, 
directions to the DFMS administrator regarding resolution of the 
request. Finally, to facilitate operation of both UAS systems and radio 
astronomy systems, the Commission requires a DFMS to immediately notify 
the National Science Foundation, Division of Astronomical Sciences, 
Electromagnetic Spectrum Management Unit, by email of any assignments 
that it approves for UAS operations in the vicinity of the radio 
astronomy facilities identified in footnote US385 of the Table of 
Allocations, which identifies the sites at which radio astronomy 
observations are performed in 4990-5000 MHz.
    Canadian and Mexican Coordination. International agreements with 
Mexico and Canada do not currently address the use of the 5030-5091 MHz 
band for UAS communications near the borders with those countries. DFMS 
administrators will be required to demonstrate that their systems can 
and will enforce agreements between the United States, Canadian, and 
Mexican governments regarding commercial operations in the 5030-5091 
MHz Band. The specific methods of enforcement will be determined and 
implemented by DFMS administrators, with appropriate Commission 
oversight, after the agreements are in place.
    Interim Access Mechanism Registration. The Commission adopts an 
interim access mechanism (IAM) to enable NNA entities to begin 
operations in the band during the interim period before the DFMS is 
operational. For IAM access, NNA operators holding an FAA authorization 
must subsequently complete an on-line NNA registration form with the 
Commission providing various basic information and certifications, 
including a company or individual name, email address, and the 
following certification statements: (1) they have complied with the FAA 
authorization process; (2) they have/will comply with the Commission's 
NNA rules and technical requirements; (3) all equipment utilized in NNA 
operations meets the equipment certification requirements; and (4) 
their authorization to use the IAM assignment terminates immediately in 
the event a DFMS becomes operational prior to the end of the IAM 
assignment. This registration process will not require a fee, or any 
subsequent review process. Once the registration form is completed and 
submitted, a confirmation number of their registration will be provided 
and NNA operations can commence immediately. During the IAM, the 
Commission will work with the FAA to resolve disputes or identify and 
address the sources of harmful interference or unauthorized operations 
in the 5030-5091 MHz band.
    Compliance with RTCA DO-362A. In the Report and Order, the 
Commission adopts rules based on RTCA DO-362A, which contains Minimum 
Operational Performance Standards for terrestrial-based control-and-
non-payload communications (CNPC) point-to-point or point-to-multipoint 
links in the 5030-5091 MHz band, including power limits, emission 
limits, and frequency accuracy requirements. UAS entities are likely 
familiar with RTCA DO-362A as the FAA recently issued a Technical 
Standard Order (TSO) establishing minimum standards in the 5030-5091 
MHz band based on the requirements in the RTCA DO-362A. It is 
appropriate to adopt technical requirements based on the RTCA DO-362A 
for governing the types of safety-of-flight UAS operations in the 5030-
5091 MHz band as these requirements are consistent with the AM(R)S 
allocation for the band, the limitations associated with CNPC-only 
operations, and because they are consistent with FAA standards.
    First, as recommended by RTCA, the Commission adopts the 
requirement of RTCA DO-362A standard related to Time Division Duplexing 
(TDD) for NNA equipment and operations in the band. To minimize the 
risk of interference and to achieve consistency with the FAA TSO based 
on the RTCA DO-362A standard, the Commission finds it appropriate at 
this time to incorporate into its rules the 50 ms TDD frame structure 
requirement for NAA equipment and operations for CNPC purposes in the 
5030-5091 MHz band. Second, the Commission declines to follow the 
requirements of rule section 87.139(c) to avoid imposing potentially 
inconsistent out-of-band emissions requirements with the FAA, which 
mandates compliance with applicable emissions requirements in section 2 
of the RTCA DO-362A standard. To provide stakeholders increased 
flexibility, and in lieu of mandating the use of specific emission 
designators, the Commission will permit an applicant seeking equipment 
certification to specify the emission designator appropriate to its 
equipment design and proposed operation, provided it meets the 
technical requirements adopted today governing NNA equipment and 
operations. Finally, the Commission delegates joint rulemaking 
authority to the Wireless Telecommunications Bureau (WTB) and the 
Office of Engineering and Technology (OET) to incorporate into the 
Commission's rules, after notice and an opportunity for public comment, 
any updated version of a previously incorporated technical standard 
applicable to UAS operations in the 5030-5091 MHz band. This delegation 
will facilitate expedited updates to the Commission's technical rules 
based on evolving technical

[[Page 1393]]

standards. The Commission seeks to expedite necessary future changes to 
accommodate updates in standards relevant to previously adopted 
technical requirements.
    Equipment Authorization. The Commission adopts the NPRM's proposal 
to mandate equipment authorization requirements similar to those under 
sections 87.145 and 87.147 of the Commission's rules to all equipment 
intended for use in the 5030-5091 MHz band. Section 87.145 requires 
that each transmitter must be certified for use in the relevant 
service, and section 87.147 establishes a specific equipment 
authorization for part 87 equipment, which for the frequencies in the 
5030-5091 MHz band, among others, requires coordination with the FAA. 
The NPRM's stated goal was to ensure that such equipment meets the 
level of reliability and safety necessary of aviation equipment. The 
Commission noted that 5030-5091 MHz UAS radio equipment must 
independently satisfy any applicable FAA requirements and anticipated 
that this coordination process would ensure that the 5030-5091 MHz 
equipment authorizations by the Commission and the FAA are consistent 
and that all equipment approved for use in the band will meet both 
agencies' requirements. The Commission adopts these requirements as 
well as requirements that transmitters be certified for use in the 
relevant service through compliance with OET procedures for equipment 
authorization under part 2, subpart J of the Commission's rules and 
provide notification to the FAA when filing the requisite application. 
This approach will ensure that necessary coordination occurs with the 
FAA, given its responsibility for ensuring aviation safety in the 
National Airspace System, and prevent harmful interference through NNA 
equipment compliance with the relevant technical requirements. The 
entities required to comply with equipment authorization will primarily 
be equipment manufacturers, some of which include small entities. 
Likewise, all entities--including small entities--will use this 
authorized equipment.

F. Steps Taken To Minimize the Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    In the discussion of the issues the NPRM sought comment on, the 
Commission raised alternatives and sought input such as technical 
studies and cost-benefit analyses from small and other entities. By 
requesting such information, the Commission gave small entities the 
opportunity to broaden the scope of the Commission's understanding of 
impacts, which may be readily apparent, and offer alternatives not 
already considered that could minimize the economic impact on small 
entities. The Commission has adopted alternatives that will minimize 
compliance burdens on small entities, as described below.
    Industry-focused, Multi-phase Rulemaking. In adopting these service 
rules, the Commission intends for rules and policies to be adopted in 
phases to ensure flexibility and innovation for this industry. This 
initial phase adopts high-level rules that describe minimum 
requirements for operation of the DFMS and encourages a multi-
stakeholder group addressing issues in the band to work collaboratively 
to develop technical specifications and standards for DFMS operation, 
and to explore other issues related to the evolving demands in the 
band. This approach will allow small entities, to collaborate and reach 
a consensus on key issues and present innovative solutions satisfactory 
to the involved parties.
    Although it imposes new requirements that could impact small 
entities, in establishing these rules, the Commission balances the 
administrative burden to entities with ensuring flight safety and 
protecting against interference in a manner that minimizes the impact 
to all UAS operators, including small entities. In this initial step, 
the Commission opens a portion of the band for NNA operations to enable 
early, low-cost access to dedicated spectrum for UAS control 
communications. By providing low-cost access, small entities will be 
able to utilize this spectrum without a significant financial cost.
    Licensing Stations by Rule. In the Report and Order, the Commission 
adopts a licensing approach that would not require individual 
licensing, which will reduce the administrative burdens on small 
entities who are UAS operators and the Commission. The Commission 
implements a license-by-rule authorization for NNA operations, pursuant 
to section 307(e) of the Communications Act, as amended. Under this 
license-by-rule framework, parties using rule-compliant stations and 
operating in compliance with the rules would only need to obtain the 
requisite temporary frequency assignment from the DFMS in order to have 
Commission authorization to transmit in the band in the assigned 
location, frequency, and timeframe. To obtain Commission authorization 
to use the NNA spectrum, NNA users must use certified, Commission-
approved NNA stations, and comply with the applicable NNA rules, but 
need not obtain individual spectrum licenses from the Commission. A 
license-by-rule approach will minimize the administrative burdens on 
users and the Commission and facilitate use of NNA for exclusive, 
short-term assignments focused on specific needs and operations.
    The Commission has found that a license-by-rule approach will also 
minimize the burden on small businesses and expedite the process for 
UAS operators. More specifically, the Commission finds that licensing 
by rule of NNA stations will serve the public interest, convenience, 
and necessity and promote the efficient and robust use of the NNA 
spectrum. A license-by-rule approach to use the NNA band will avoid the 
administrative burdens on users and the Commission that would be 
involved if NNA operations were licensed individually, facilitating the 
use of NNA for short-term (but exclusive) assignments focused on 
specific needs and operations rather than longer term authorizations 
used only intermittently. In addition, the uniform support in the 
record for this approach bolsters the Commission's confidence that this 
approach is in the public interest. Because of this licensing approach, 
the burden for small entities is minimized and provides them with more 
accessibility to participate in this industry.
    Interim Access Mechanism Registration. The Commission adopts an IAM 
to enable NNA entities to begin operations in the band during the 
interim period before the DFMS is operational. IAM registration is 
accomplished by completing an on-line NNA registration form with the 
Commission, which requires basic information and certifications. The 
information required for registration is straightforward, which lessens 
the administrative burden on small entities. To further minimize the 
burden on registering entities, there will be no financial cost for 
this registration process. Once the registration form is completed and 
submitted, a confirmation number of their registration will be provided 
and NNA operations can commence immediately. Therefore, there is not a 
significant impact on small entities that seek to register. While there 
is an added administrative burden to register with the Commission 
during the IAM period, the cost of this added burden is balanced by the 
ability of UAS operators, including small entities, to gain immediate 
access to the 5030-5091 MHz band.

[[Page 1394]]

    Equipment Authorization. The Commission adopts equipment 
authorization requirements similar to those under Sec. Sec.  87.145 and 
87.147 of the Commission's rules to all equipment intended for use in 
the 5030-5091 MHz band. Section 87.145 requires that each transmitter 
must be certified for use in the relevant service, and section 87.147 
establishes a specific equipment authorization for part 87 equipment, 
which for the frequencies in the 5030-5091 MHz band among others, 
requires coordination with the FAA. The Commission adopts these 
requirements that transmitters be certified for use in the relevant 
service through compliance with OET procedures for equipment 
authorization under part 2, subpart J of the Commission's rules and 
that the FAA is notified when filing the requisite application. 
Applying this approach to UAS equipment will ensure that necessary 
coordination occurs with the FAA, and that equipment authorizations by 
the Commission and the FAA are consistent and that all equipment 
approved for use in the band meet both agencies' requirements. The 
entities required to comply with equipment authorization will primarily 
be equipment manufacturers, some of which include small entities. 
However, the Commission balances the regulatory burden imposed by these 
equipment authorization requirements with the importance of a process 
that will aid the FAA's aviation safety responsibilities and help 
protect against harmful interference and believes that these 
requirements do not impose a significant burden on small entities. 
Furthermore, all entities--including small entities--will use and, 
thus, need to certify that they are using authorized equipment, but 
most small UAS entities will not be directly affected by these 
requirements beyond using the equipment.

Ordering Clauses

    Accordingly, it is ordered, pursuant to sections 1, 4, 301, 303, 
307, and 310 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154, 301, 303, 307, and 310, that the Report and Order is hereby 
adopted.
    It is further ordered that the Report and Order, including the 
rules as set forth in Appendix A, shall be effective thirty (30) days 
after publication in the Federal Register, with the exception of 
Sec. Sec.  88.27, 88.31, 88.33, 88.35, 88.111, 88.113, 88.115, 88.135, 
88.137, and 88.141 of the Commission's rules, 47 CFR 88.27, 88.31, 
88.33, 88.35, 88.111, 88.113, 88.115, 88.135, 88.137, 88.141, which may 
contain new or modified information collection requirements that 
require review by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act and will take effect after the Wireless 
Telecommunications Bureau publishes a notice in the Federal Register 
announcing the completion of such review and the relevant effective 
date(s).
    It is further ordered that the Office of the Secretary, Reference 
Information Center, shall send a copy of the Report and Order, 
including the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    It is further ordered that the Commission shall send a copy of the 
Report and Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 0

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

47 CFR Part 1

    Administrative practice and procedure, Communications, 
Communications equipment, Radio, Reporting and recordkeeping 
requirements, Wireless radio services.

47 CFR Part 2

    Communications equipment.

47 CFR Part 87

    Communications equipment, Radio.

47 CFR Part 88

    Communications, Communications equipment, Incorporation by 
reference, Radio, Reporting and recordkeeping requirements, Unmanned 
aircraft.

47 CFR Part 95

    Communications equipment, Incorporation by reference, Radio, 
Telecommunications.

Federal Communications Commission.
Marlene Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 0, 1, 2, 87, 95, and adds 
part 88, as follows:

PART 0--COMMISSION ORGANIZATION

0
1. The authority citation for part 0 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 409, and 
1754, unless otherwise noted.


0
2. Amend Sec.  0.241 by adding paragraphs (a)(1)(iii) and (m) to read 
as follows:


Sec.  0.241   Authority delegated.

    (a) * * *
    (1) * * *
    (iii) The Chief of the Office of Engineering and Technology is 
delegated authority, along with the Chief of the Wireless 
Telecommunications Bureau, by notice-and-comment rulemaking if required 
by statute or in the public interest, to issue an order amending rules 
in part 88 of this chapter that reference industry standards to specify 
revised versions of the standards. These delegations are limited to 
modifying rules to reference revisions to standards that are already in 
the rules and not to incorporate a new standard into the rules, and are 
limited to the approval of changes that do not raise major compliance 
issues.
* * * * *
    (m) The Chief of the Office of Engineering and Technology is 
delegated authority jointly with the Chief of the Wireless 
Telecommunications Bureau to administer the Dynamic Frequency 
Management System (DFMS) and DFMS Administrator functions set forth in 
part 88 of this chapter. The Chief is delegated authority to administer 
the process of DFMS Administrator approval in close consultation with 
the FAA and NTIA, including authority to develop specific methods that 
will be used to designate DFMS Administrators; to designate DFMS 
Administrators; to develop procedures that these DFMS Administrators 
will use to ensure compliance with the requirements for DFMS operation; 
and to make determinations regarding the continued acceptability of 
individual DFMS Administrators.

0
3. Amend Sec.  0.331 by revising the introductory text of paragraph (d) 
and adding paragraph (j) to read as follows:


Sec.  0.331   Authority delegated.

* * * * *
    (d) Authority concerning rulemaking proceedings. The Chief, 
Wireless Telecommunications Bureau, shall not have the authority to act 
upon notices of proposed rulemaking and inquiry, final orders in 
rulemaking proceedings and inquiry proceedings, and reports arising 
from any of the foregoing except such orders involving ministerial 
conforming amendments to rule parts, or orders conforming any of the 
applicable rules to formally adopted international conventions or 
agreements where novel questions of fact, law, or policy are not 
involved. Orders

[[Page 1395]]

conforming any of the applicable rules in part 17 of this chapter to 
rules formally adopted by the Federal Aviation Administration also need 
not be referred to the Commission if they do not involve novel 
questions of fact, law, or policy. In addition, revisions to the 
airport terminal use list in Sec.  90.35(c)(61) of this chapter and 
revisions to the Government Radiolocation list in Sec.  90.371(b) of 
this chapter need not be referred to the Commission. Adoption of 
certain technical standards applicable to hearing aid compatibility 
under Sec.  20.19 of this chapter made together with Chief of the 
Office of Engineering and Technology, as specified in Sec.  20.19(k) of 
this chapter, also need not be referred to the Commission. Adoption of 
amendments to rules in part 88 of this chapter by notice-and-comment 
rulemaking, along with the Chief of the Office of Engineering and 
Technology as specified in Sec.  0.241(a)(1)(iii), that reference 
industry standards to specify revised versions of the standards, need 
not be referred to the Commission, however, these delegations are 
limited to modifying rules to reference revisions to standards that are 
already in the rules and not to incorporate a new standard into the 
rules, and are limited to the approval of changes that do not raise 
major compliance issues. Also, the addition of new Marine VHF frequency 
coordination committee(s) to Sec.  80.514 of this chapter need not be 
referred to the Commission if they do not involve novel questions of 
fact, policy or law, as well as requests by the United States Coast 
Guard to:
* * * * *
    (j) Authority concerning the administration of dynamic frequency 
management systems. The Chief of the Wireless Telecommunications Bureau 
is delegated authority jointly with the Chief of the Office of 
Engineering and Technology to administer the Dynamic Frequency 
Management System (DFMS) and DFMS Administrator functions set forth in 
part 88 of this chapter. The Chief is delegated authority to administer 
the process of DFMS Administrator approval in close consultation with 
the FAA and NTIA, including authority to develop specific methods that 
will be used to designate DFMS Administrators; to designate DFMS 
Administrators; to develop procedures that these DFMS Administrators 
will use to ensure compliance with the requirements for DFMS operation; 
and to make determinations regarding the continued acceptability of 
individual DFMS Administrators.

PART 1--PRACTICE AND PROCEDURE

0
4. The authority citation for part 1 continues to read as follows:

    Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 
U.S.C. 1754, unless otherwise noted.


0
5. Revise Sec. Sec.  1.901 and 1.902 to read as follows:


Sec.  1.901   Basis and purpose.

    The rules in this subpart are issued pursuant to the Communications 
Act of 1934, as amended, 47 U.S.C. 151 et seq. The purpose of the rules 
in this subpart is to establish the requirements and conditions under 
which entities may be licensed in the Wireless Radio Services as 
described in this part and in parts 13, 20, 22, 24, 27, 30, 74, 80, 87, 
88, 90, 95, 96, 97, and 101 of this chapter.


Sec.  1.902   Scope.

    In case of any conflict between the rules set forth in this subpart 
and the rules set forth in parts 13, 20, 22, 24, 27, 30, 74, 80, 87, 
88, 90, 95, 96, 97, and 101 of title 47, chapter I of the Code of 
Federal Regulations, the rules in this part shall govern.

0
6. Amend Sec.  1.907 by revising the definitions of ``Private Wireless 
Services'' and ``Wireless Radio Services'' to read as follows:


Sec.  1.907   Definitions.

* * * * *
    Private Wireless Services. Wireless Radio Services authorized by 
parts 80, 87, 88, 90, 95, 96, 97, and 101 of this chapter that are not 
Wireless Telecommunications Services, as defined in this part.
* * * * *
    Wireless Radio Services. All radio services authorized in parts 13, 
20, 22, 24, 26, 27, 30, 74, 80, 87, 88, 90, 95, 96, 97 and 101 of this 
chapter, whether commercial or private in nature.
* * * * *

0
7. Amend Sec.  1.924 by adding paragraph (a)(4) to read as follows:


Sec.  1.924   Quiet Zones.

    (a) * * *
    (4) Parties subject to subpart B of part 88 of this chapter shall 
follow the requirements of Sec.  88.35 of this chapter instead of the 
requirements of paragraph (a) of this section.
* * * * *

PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL 
RULES AND REGULATIONS

0
8. The authority citation for part 2 continues to read as follows:

    Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise 
noted.


0
9. Amend Sec.  2.1055 by revising paragraph (a)(2) to read as follows:


Sec.  2.1055   Measurements required: Frequency stability.

    (a) * * *
    (2) From -20[deg] to +50[deg] centigrade for equipment to be 
licensed for use in the Maritime Services under part 80 of this 
chapter, except for Class A, B, and S Emergency Position Indicating 
Radiobeacons (EPIRBS), and equipment to be licensed for use above 952 
MHz at operational fixed stations in all services, stations in the 
Local Television Transmission Service and Point-to-Point Microwave 
Radio Service under part 21 of this chapter, equipment licensed for use 
aboard aircraft in the Aviation Services under part 87 of this chapter, 
uncrewed aircraft stations (as defined in Sec.  88.5 of this chapter) 
in the Uncrewed Aircraft System Services under part 88 of this chapter, 
and equipment authorized for use in the Family Radio Service under part 
95 of this chapter.
* * * * *

PART 87--AVIATION SERVICES

0
10. The authority citation for part 87 continues to read as follows:

    Authority: 47 U.S.C. 154, 303 and 307(e), unless otherwise 
noted.


0
11. Amend Sec.  87.1 by revising paragraph (b) to read as follows:


Sec.  87.1   Basis and purpose.

* * * * *
    (b) Purpose. Except as provided in part 88 of this chapter, this 
part states the conditions under which radio stations may be licensed 
and used in the aviation services. These rules do not govern U.S. 
Government radio stations.

0
12. Add part 88 to read as follows:

PART 88--UNCREWED AIRCRAFT SYSTEM SERVICES

Subpart A--General Rules

Sec.
88.1 Scope.
88.3 Application of other rule parts.
88.5 Definitions.
Subpart B--Non-Networked Access
88.25 Limitations on NNA communications.
88.27 Authorization.
88.29 Frequencies.
88.31 Non-networked access use.
88.33 Information requirements.
88.35 National radio quiet zone coordination.

[[Page 1396]]

Subpart C--[Reserved]
Subpart D--Technical Requirements
88.101 Transmitter power.
88.103 Emissions bandwidth.
88.105 Emission mask.
88.107 Out-of-band emission limits.
88.109 Time division duplex requirement.
88.111 Certification required.
88.113 Authorization of equipment.
88.115 RF safety.
88.117 Incorporation by reference.
Subpart E--Dynamic Frequency Management Systems
88.135 DFMS requirements.
88.137 DFMS administrators.
88.139 DFMS administrator fees.
88.141 Interim access mechanism.

    Authority: 47 U.S.C. 154(i), 303, 307.

Subpart A--General Rules


Sec.  88.1   Scope.

    This part sets forth the regulations governing the use of the 5030-
5091 MHz band by Uncrewed Aircraft Systems.


Sec.  88.3   Application of other rule parts.

    (a) Except as expressly provided under this part, part 87 of this 
chapter shall not apply to uncrewed aircraft systems communications in 
the 5030-5091 MHz band.
    (b) Non-Networked Access (NNA) devices, as defined in this part, 
are considered part of the Citizens Band Radio Service, as defined in 
Sec.  95.303 of this chapter. Except for the definitions of Citizens 
Band Radio Service and Uncrewed Aircraft System Services in Sec.  
95.303, the rules of part 95 of this chapter shall not apply to such 
devices.


Sec.  88.5   Definitions.

    The following terms and definitions apply only to the rules in this 
part.
    Control and Non-payload Communications (CNPC). 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.
    Dynamic Frequency Management System (DFMS). A frequency 
coordination system operating in the 5030-5091 MHz band that:
    (1) Is highly automated and capable of providing rapid responses to 
frequency assignment requests from registered NNA operators, and
    (2) In response to such requests, is capable of assigning to the 
requesting operator temporary protected use of certain frequencies for 
a particular geographic area and time period tailored to the operator's 
submitted operation, to the extent such frequencies are available.
    Dynamic Frequency Management System (DFMS) Administrator. An entity 
authorized by the Commission to operate a DFMS in accordance with the 
rules and procedures set forth in subpart E of this part.
    Interim Access Mechanism (IAM). A process by which non-networked 
access users will be allowed temporary, short-term access to 5040-5060 
MHz frequencies in the period before the first DFMS is approved and 
placed into operation.
    Non-Networked Access (NNA). Temporary, interference-protected 
access to the 5030-5091 MHz band consistent with subpart B of this 
part.
    Non-Networked Access (NNA) station. An uncrewed aircraft system 
ground station or uncrewed aircraft station authorized under this part 
and designed to communicate using NNA assignments consistent with 
subparts B and D.
    Non-Networked Access (NNA) user. An authorized user of spectrum in 
the 5030-5091 MHz band operating on an NNA basis, as set forth in 
subpart B.
    Payload. Information that is sent to or from a UA component to 
achieve mission objectives and is not CNPC.
    Uncrewed Aircraft (UA). An aircraft operated without the 
possibility of direct human intervention from within or on the 
aircraft.
    Uncrewed Aircraft Station. A mobile station authorized under this 
part and located on board a UA.
    Uncrewed Aircraft System (UAS). A UA and its associated elements 
(including an uncrewed aircraft station, communication links, and the 
components not on board the UA that control the UA) that are required 
for the safe and efficient operation of the UA in the airspace of the 
United States.
    Uncrewed Aircraft System (UAS) Ground Station. Radio communications 
equipment on the ground used to maintain control over or otherwise 
communicate with a UA.

Subpart B--Non-Networked Access


Sec.  88.25   Limitations on NNA communications.

    (a) Transmissions over an NNA assignment are limited to CNPC.
    (b) UAS ground stations may be fixed or mobile, but mobile ground 
stations cannot be used while in motion or at locations other than 
those approved under the applicable frequency assignment.


Sec.  88.27   Authorization.

    (a) Any entity, other than those precluded by section 310 of the 
Communications Act of 1934, as amended, 47 U.S.C. 310, and that 
otherwise meets the technical, financial, character, and citizenship 
qualifications that the Commission may require in accordance with such 
Act, is eligible to be an NNA user and operate NNA stations under this 
part.
    (b) NNA users are licensed by the rules in this part and do not 
need an individual license issued by the Commission. Even though an 
individual license is not required, an NNA user licensed by the rules 
in this part must comply with all applicable operating requirements, 
procedures, and technical requirements found in this part.
    (c) To transmit in the frequencies of the 5030-5091 MHz band 
designated for NNA operations, an NNA user must register with a DFMS 
and comply with its instructions and the rules in this part.
    (d) Registered NNA users may transmit in the frequencies of the 
5030-5091 MHz band designated for NNA operations only using NNA 
stations compliant with the rules of this part, and only pursuant to 
and consistent with the terms of a frequency assignment from a 
Commission-approved DFMS.


Sec.  88.29   Frequencies.

    (a) The 5040-5050 MHz band is designated to NNA users for CNPC use.
    (b) In the period prior to the approval and commencement of 
operation by the first DFMS administrator, NNA users may access the 
5040-5060 MHz band pursuant to the IAM process, as set forth in Sec.  
88.141.


Sec.  88.31   Non-networked access.

    (a) Parties registered with a DFMS may submit a request to the DFMS 
for temporary frequency assignments for CNPC limited to the duration 
and geographic coverage necessary to support a single submitted UAS 
flight. Requests may also be made either prior to or during the 
relevant operation to modify an assignment. Such requests must be made 
to the same DFMS responsible for the original assignment.
    (b) If frequencies meeting the request are available, the DFMS 
shall assign them on an exclusive but temporary basis. The scope of the 
assignment shall be tailored in both duration and geographic coverage 
to ensure interference-free communications for the entire submitted UAS 
flight.
    (c) When registering with or using the services of a DFMS, a party 
shall comply with all DFMS Administrator instructions, including those 
regarding registration process and procedures, requests and other 
submissions to the DFMS, and operational use of NNA assignments.
    (d) UAS operations using NNA assignments within the National Radio

[[Page 1397]]

Quiet Zone (NRQZ) are prohibited without the prior coordination with 
the NRQZ administrator required under Sec.  88.35. Consistent with 
Sec.  2.106(c)(211) of this chapter, NNA users should take all 
practicable steps to protect radio astronomy in the 4990-5000 MHz band, 
subject to Sec.  2.106(c)(74) of this chapter.
    (e) Any UAS ground station using an NNA assignment to support a UAS 
flight, or proxy software acting on the ground station's behalf, must 
be capable of communicating with the assigning DFMS to achieve the 
following:
    (1) confirm that all NNA stations used in the operation, including 
any UAS ground station or airborne station used in the flight, are 
programmed to limit communications in the 5030-5091 MHz band, during 
the period of the frequency assignment, to the specific frequencies 
assigned by the DFMS and in accordance with the other terms of the 
assignment; and
    (2) send updates on flight status when a UA has launched and when 
it has landed.


Sec.  88.33   Information requirements.

    (a) Information submitted to a DFMS with registration or a 
frequency assignment request must be accurate, complete, and made in 
good faith. Registration information must include a party's legal name 
and contact information, as well as other information required by the 
DFMS.
    (b) Parties must keep registration information up to date, and must 
keep frequency assignment request information up to date until the 
scheduled time of the operation.


Sec.  88.35   National radio quiet zone coordination.

    (a) Except as provided in paragraphs (a)(1) and (2) of this 
section, parties planning to operate an NNA station within the area 
bounded by N 39[deg]15'0.4'' on the north, W 78[deg]29'59.0'' on the 
east, N 37[deg]30'0.4'' on the south, and W 80[deg]29'59.2'' on the 
west must notify the National Radio Quiet Zone Administrator (NRQZ 
Administrator) in writing at Post Office Box No. 2, Green Bank, West 
Virginia 24944, or by email to [email protected], of the technical details 
of the proposed operation. The notification must include the 
geographical coordinates of ground station antenna locations, 
associated ground station antenna height, antenna directivity (if any), 
the maximum airborne station altitude, the maximum airborne station 
flight altitude (MSL or AGL), the frequencies, the emission type, and 
power.
    (1) If an operation or revision of an operation is within the 
scope, including any applicable conditions, of a previously granted 
approval from the NRQZ Administrator, parties need not provide 
notification of the operation or revision to the NRQZ Administrator, 
but must submit the approval with any frequency assignment request 
relying on this exception.
    (2) If the NRQZ Administrator establishes criteria for NNA 
operations in the NRQZ that do not require notification to the NRQZ 
Administrator, and an operation or revision of an operation is within 
the scope of such criteria, a party need not provide notification of 
the operation or revision to the NRQZ Administrator, but, when 
submitting their request, must certify that their request meets the 
criteria for NNA operations in the NRQZ that do not require 
notification to the NRQZ Administrator and provide any additional 
supporting documentation required by the DFMS.
    (3) When a request for concurrence is submitted to the FAA under 
the Interim Access Mechanism provided under Sec.  88.141, the request 
must state the date that notification in accordance with paragraph (a) 
of this section was made or provide an approval from the NRQZ 
Administrator for operations within the NRQZ or portions thereof along 
with the maximum operating altitude allowed.
    (b) When a request for frequency assignment involving an NNA 
station subject to paragraph (a) of this section is submitted to a 
DFMS, the required notification must be made prior to or simultaneously 
with the request. The request must state the date that notification in 
accordance with paragraph (a) of this section was made. After receipt 
of such a request, the DFMS shall allow a period of 20 days for 
objections in response to the notifications indicated. If a DFMS 
determines that a request is subject to an exception to notification 
under paragraphs (a)(1) or (2) of this section, it shall process the 
request without waiting the 20-day period. In instances in which 
notification has been made to the NRQZ Administrator prior to the 
submission of the request, the requesting party must also provide 
notice to the NRQZ Administrator upon actual submission of the request 
with the DFMS, specifying which DFMS has received the request. Such 
notice will be made simultaneous with the submission of the request and 
shall comply with the requirements of paragraph (a) of this section.
    (c) If an objection from the NRQZ Administrator is received by a 
DFMS during the 20-day period specified in paragraph (b) of this 
section, the DFMS shall forward the record, including the assignment 
request, associated NNA station details, and objection, to the FCC. The 
FCC will, after consideration of the record, take whatever action is 
deemed appropriate.

Subpart C--[Reserved]

Subpart D--Technical Requirements


Sec.  88.101   Transmitter power.

    Transmitters operating in the 5030-5091 MHz band must comply with 
the transmitter output power specified in technical standard RTCA DO-
362A (incorporated by reference, see Sec.  88.117) section 2.2.1.6.1 
and associated subsections.


Sec.  88.103   Emissions bandwidth.

    The authorized bandwidth is the maximum occupied bandwidth 
authorized to be used by a station. Transmitters operating in the 5030-
5091 MHz band must comply with the channel width requirements, channel 
placement requirements, tunability requirements, and non-video channel 
bandwidth limitations specified in technical standard RTCA DO-362A 
(incorporated by reference, see Sec.  88.117) sections 2.2.1.5.2, 
2.2.1.5.3, 2.2.1.5.4, and 2.2.1.5.6, respectively.


Sec.  88.105   Emission mask.

    Transmitters operating in the 5030-5091 MHz band must comply with 
the ARS and GRS radio transmitter power spectral density (PSD) limits 
specified in technical standard RTCA DO-362A (incorporated by 
reference, see Sec.  88.117) section 2.2.1.6.2.1.


Sec.  88.107   Out-of-band emission limits.

    Transmitters operating in the 5030-5091 MHz band must comply with 
the out-of-band-emission limits specified in technical standard RTCA 
DO-362A (incorporated by reference, see Sec.  88.117) section 2.2.1.8.2 
and associated subsections. On any frequency outside the 5030-5091 MHz 
band that is not addressed by RTCA DO-362A section 2.2.1.8.2 and 
associated subsections, the power of any emission, as measured over a 1 
megahertz resolution bandwidth, shall be attenuated outside the band 
below the transmitter power (P) by at least 43 + 10log(P) dB.


Sec.  88.109   Time division duplex requirement.

    Transmitters operating in the 5030-5091 MHz band must comply with 
the time division duplex (TDD) frame structure and timing accuracy 
requirements specified in technical standard RTCA DO-362A (incorporated 
by reference, see Sec.  88.117) sections 2.2.1.3 and 2.2.1.3.1.

[[Page 1398]]

Sec.  88.111   Certification required.

    Each transmitter utilized for operation under this part and each 
transmitter marketed as set forth in Sec.  2.803 of this chapter must 
be certified by the Commission for use in part 88 services following 
the procedures set forth in part 2, subpart J of this chapter.


Sec.  88.113   Authorization of equipment.

    An applicant for certification of equipment intended for 
transmission in the 5030-5091 MHz band must notify the FAA of the 
filing of a certification application. The letter of notification must 
be mailed to: FAA, Spectrum Engineering Service Group, AJW-1900, 800 
Independence Ave. SW, Washington, DC 20591 prior to the filing of the 
application with the Commission.
    (a) The notification letter must describe the equipment, and give 
the manufacturer's identification, antenna characteristics, rated 
output power, emission type and characteristics, the frequency or 
frequencies of operation, and essential receiver characteristics if 
protection is required.
    (b) The certification application must include a copy of the 
notification letter to the FAA. The Commission will not act until it 
receives the FAA's determination regarding whether it objects to the 
application for equipment authorization. The FAA should mail its 
determination to: Office of Engineering and Technology Laboratory 
Division, Equipment Authorization and Compliance Branch, 7435 Oakland 
Mills Rd., Columbia, MD 21046. The Commission will consider the FAA 
determination before taking final action on the application.


Sec.  88.115   RF safety.

    Licensees and manufacturers are subject to the radio frequency 
radiation exposure requirements specified in Sec. Sec.  1.1307(b), 
1.1310, 2.1091, and 2.1093 of this chapter, as appropriate. 
Applications for equipment authorization of mobile or portable devices 
operating under this section must contain a statement confirming 
compliance with these requirements for both fundamental emissions and 
unwanted emissions and technical information showing the basis for this 
statement must be submitted to the Commission upon request.


Sec.  88.117   Incorporation by reference.

    The standards referenced in this section are incorporated by 
reference into this subpart with the approval of the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
The approved material is available for inspection at the Federal 
Communications Commission (FCC) and at the National Archives and 
Records Administration (NARA). Contact the FCC at: 45 L Street NE, 
Reference Information Center, Room 1.150, Washington, DC 20554; phone: 
(202) 418-0270. For information on the availability of this material at 
NARA, email [email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations. The material may be obtained from RTCA, 
Inc., 1150 18th Street NW, Suite 910, Washington, DC 20036; phone: 202-
833-9339; email: [email protected]; website: https://RTCA.org.
    (a) RTCA-DO-362A, Command and Control (C2) Data Link Minimum 
Operational Performance Standards (MOPS) (Terrestrial), dated December 
17, 2020.
    (b) [Reserved]

Subpart E--Dynamic Frequency Management Systems


Sec.  88.135   DFMS requirements.

    (a) A DFMS must provide a process for NNA users to register with 
the system for the purpose of submitting frequency assignment requests 
and obtaining frequency assignments.
    (b) All DFMSs must require the same registration and frequency 
assignment request information. Registration shall require, among other 
information, the registrant's legal name and contact information.
    (c) A DFMS must be capable of processing frequency assignment 
requests nationwide and across the entire 5030-5091 MHz band. However, 
a DFMS may only grant assignments for spectrum within those frequencies 
specified under Sec.  88.29(a).
    (d) In response to a frequency assignment request from a registered 
party, a DFMS shall determine and provide, through a process that is 
highly automated and capable of rapid responses to frequency assignment 
requests, an assignment of frequencies for a particular geographic area 
and time period tailored to the submitted UAS flight, to the extent 
that frequencies are available to meet the request and grant of the 
assignment is otherwise consistent with this part. Assignments must 
provide protected access to frequencies over a duration and geographic 
area sufficient to cover and support the entire UAS flight. Assignments 
may specify channels and maximum transmit power level.
    (e) A DFMS may not terminate an assignment while a flight is 
ongoing or modify the assignment during this time unless pursuant to a 
revision request from the assignee.
    (f) Assignments must account for the need to protect other 
authorized operations.
    (g) Models and methodologies for interference determinations used 
by a DFMS should be both effective in avoiding harmful interference and 
consistent between different DFMSs.
    (h) For each frequency assignment request, a DFMS must confirm 
through certifications in the frequency assignment request process that 
the requesting party has flight authorization from the FAA to cover the 
flight associated with the frequency assignment request, and that any 
remote pilots that will be involved in the flight have all necessary 
FAA remote pilot authorization, to the extent such authorization is 
required. Any party challenging a DFMS action with regard to this 
requirement or otherwise seeking a Commission determination regarding a 
party's FAA authorization in this context must submit, with its filing 
to the Commission, a determination from the FAA regarding whether the 
NNA frequency assignee in question has the relevant authorization under 
FAA rules and requirements.
    (i) A DFMS must be capable of responding to in-flight revision 
requests.
    (j) A DFMS must be capable of communicating directly with a UAS 
ground station operating in the NNA spectrum, or with proxy software 
acting on the ground station's behalf, to achieve the following:
    (1) ensure that all NNA stations used in an operation, including 
any ground or airborne station used in the flight, are programmed to 
limit communications in the 5030-5091 MHz band, during the period of 
the frequency assignment, to the specific frequencies assigned by the 
DFMS and in accordance with the other terms of the assignment; and
    (2) receive updates on flight status when a UA has launched and 
when it has landed.
    (k) Frequency assignment requests may not be approved:
    (1) for periods commencing on or after eight calendar days after 
the date on which the request is submitted, except to the extent that 
lack of frequency availability in that time frame or the coordination 
requirement under Sec.  88.35 justify a later assignment; or
    (2) for an operation lasting more than 24 hours.
    (l) A DFMS must communicate and coordinate with other DFMSs as 
necessary to ensure consistent data and assignments, the safe and 
robust operation of authorized services, and compliance with the rules.
    (m) A DFMS must employ protocols and procedures to ensure that all

[[Page 1399]]

communications between the DFMS and users or NNA stations in connection 
with a DFMS's NNA functions are secure and that unauthorized parties 
cannot access, shut down, or alter the DFMS or its stored information.
    (n) Communications between users and a DFMS and between different 
DFMSs must be secure to prevent corruption or unauthorized interception 
of data. A DFMS must be protected from unauthorized data input or 
alteration of stored data.
    (o) A DFMS must verify that the NNA stations to be used in 
operations are FCC-certified devices and must not provide assignments 
to an uncertified device.
    (p) A DFMS must retain information on, and enforce, exclusion zones 
sufficient to protect Microwave Landing Systems (MLS) in the 5030-5091 
MHz band.
    (q) A DFMS shall maintain all records for at least 60 months, 
including but not limited to date, time, and requester identification 
records for all requests for, approval of, denial of, or termination of 
approval for all assignments of frequencies or revisions of such 
assignments, and all certifications submitted in connection with such 
requests.
    (r) A DFMS must be capable of receiving reports of interference and 
requests for additional protection from MLS users in the 5030-5091 MHz 
band or authorized users in adjacent bands and promptly address 
interference issues.
    (s) A DFMS must implement Sec.  88.35 in its frequency assignment 
process.
    (t) A DFMS must implement the terms of any international agreements 
with Canada and Mexico adopted to address coordination and 
compatibility of near-border UAS operations in the 5030-5091 MHz band.
    (u) Except as provided under paragraphs (v) and (w) of this 
section, a DFMS must process frequency assignment requests on a non-
discriminatory first-come-first-served manner.
    (v) In the event of emergencies, a DFMS should, to the extent 
feasible and consistent with the interests of aviation safety, 
prioritize requests from public safety entities. Prioritization may not 
terminate or modify an NNA user's assignment while the assignment is in 
use during a UAS flight.
    (w) During extended periods of congestion, the DFMS should 
prioritize requests involving flights relying on a single ground 
station over requests that rely on multiple stations, to the extent 
feasible and consistent with the interests of aviation safety.
    (x) A DFMS must immediately notify the National Science Foundation, 
Division of Astronomical Sciences, Electromagnetic Spectrum Management 
Unit, by email at [email protected] when a request for frequency assignment 
is approved that will support operation of a UAS within 25 miles of a 
radio astronomy site listed in table 1 to this section. Notification 
must include the operation details.

                                            Table 1 to Sec.   88.135
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Allen Telescope Array, Hat Creek, CA..  Rectangle between latitudes 40[deg]00' N and 42[deg]00' N and between
                                         longitudes 120[deg]15' W and 122[deg]15' W.
NASA Goldstone Deep Space               80 kilometers (50 mile) radius centered on 35[deg]20' N, 116[deg]53' W.
 Communications Complex, Goldstone, CA.
National Astronomy and Ionosphere       Rectangle between latitudes 17[deg]30' N and 19[deg]00' N and between
 Center, Arecibo, PR.                    longitudes 65[deg]10' W and 68[deg]00' W.
National Radio Astronomy Observatory,   Rectangle between latitudes 32[deg]30' N and 35[deg]30' N and between
 Socorro, NM.                            longitudes 106[deg]00' W and 109[deg]00' W.
National Radio Astronomy Observatory,   Rectangle between latitudes 37[deg]30' N and 39[deg]15' N and between
 Green Bank, WV.                         longitudes 78[deg]30' W and 80[deg]30' W.
National Radio Astronomy Observatory,   80 kilometers radius centered on:
 Very Long Baseline Array Stations.
                                       -------------------------------------------------------------------------
                                        North latitude                       West longitude
Brewster, WA..........................  48[deg]08'                           119[deg]41'
Fort Davis, TX........................  30[deg]38'                           103[deg]57'
Hancock, NH...........................  42[deg]56'                           71[deg]59'
Kitt Peak, AZ.........................  31[deg]57'                           111[deg]37'
Los Alamos, NM........................  35[deg]47'                           106[deg]15'
Mauna Kea, HI.........................  19[deg]48'                           155[deg]27'
North Liberty, IA.....................  41[deg]46'                           91[deg]34'
Owens Valley, CA......................  37[deg]14'                           118[deg]17'
Pie Town, NM..........................  34[deg]18'                           108[deg]07'
Saint Croix, VI.......................  17[deg]45'                           64[deg]35'
                                       -------------------------------------------------------------------------
Owens Valley Radio Observatory, Big     Two contiguous rectangles, one between latitudes 36[deg]00' N and
 Pine, CA.                               37[deg]00' N and between longitudes 117[deg]40' W and 118[deg]30' W,
                                         and the second between latitudes 37[deg]00' N and 38[deg]00' N and
                                         between longitudes 118[deg]00' W and 118[deg]50' W.
----------------------------------------------------------------------------------------------------------------

Sec.  88.137   DFMS administrators.

    The Commission will approve one or more DFMS Administrators to 
manage access to the 5030-5091 MHz band on a nationwide basis as 
specified in Sec.  88.135. Each DFMS Administrator is responsible for 
ensuring that its DFMS is fully functional and meets all the rule 
requirements in this part and providing services to NNA users in the 
Uncrewed Aircraft System Services. Each DFMS Administrator approved by 
the Commission:
    (a) Must operate a DFMS consistent with the rules of this part.
    (b) Must establish and follow protocols and procedures to ensure 
compliance with the rules set forth in this part.
    (c) Must provide service for a ten-year term. This term may be 
renewed at the Commission's discretion.
    (d) Must securely transfer all the information in the DFMS to 
another approved entity in the event it does not continue as the DFMS 
Administrator at the end of its term. It may charge a reasonable price 
for such conveyance.
    (e) Must cooperate with other approved DFMS Administrators to 
develop a standardized process for coordinating operations, avoiding 
any conflicting assignments, and maximizing shared use of available 
frequencies.
    (f) Must coordinate with other DFMS Administrators including 
sharing assignment and other information, facilitating non-interference 
to and from

[[Page 1400]]

operations relying on assignments from other DFMSs, and other functions 
necessary to ensure that use of available spectrum is safe and 
efficient and consistent with this part.
    (g) Must ensure that the DFMS shall be available at all times to 
immediately respond to requests from authorized Commission personnel 
for any and all information stored or retained by the DFMS, including 
through either or both provision of the information or provision of 
direct access to the DFMS database, at the discretion of the 
Commission.
    (h) Must establish and follow protocols to comply with enforcement 
instructions from the Commission.
    (i) May implement such reasonable limits on requests as are 
necessary to prevent the hoarding, warehousing, monopolization, or 
otherwise excessive reservation of NNA spectrum by a particular party.


Sec.  88.139   DFMS administrator fees.

    (a) A DFMS Administrator may charge users a reasonable fee for 
services provided, including usage-based fees for frequency 
assignments.
    (b) The Commission, upon request, will review the fees and can 
require changes in those fees if they are found to be excessive.


Sec.  88.141   Interim access mechanism.

    (a) IAM Period. In the period prior to the approval and 
commencement of operation by the first DFMS administrator, NNA users 
may access the 5040-5060 MHz band for NNA communications pursuant to 
the IAM. After the date on which the first DFMS administrator commences 
operations, NNA communications will be restricted to the 5040-5050 MHz 
band, as specified in Sec.  88.29(a). After such date, any existing IAM 
frequency assignments terminates and NNA users may not seek or use 
frequency assignments pursuant to the IAM. NNA users will be required 
to request frequency assignments from the DFMS administrator once the 
DFMS is operational.
    (b) IAM Process. NNA users seeking to transmit in the band must 
first obtain concurrence from the FAA for the requested use, and must 
ensure that any such operations comply with the scope of approval, 
terms, conditions, and restrictions of the FAA concurrence. Upon 
receipt of FAA concurrence, NNA users must submit to the FCC an online 
NNA registration form regarding the requested use, certifying that:
    (1) They have complied with the FAA concurrence process;
    (2) The operation is in compliance with the Commission's NNA rules 
and technical requirements;
    (3) All equipment utilized in the NNA operation meets equipment 
certification requirements; and
    (4) Their IAM frequency assignment terminates immediately in the 
event a DFMS becomes operational prior to the end of the IAM frequency 
assignment.

PART 95--PERSONAL RADIO SERVICES

0
13. The authority citation for part 95 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307.


0
14. Amend Sec.  95.303 by adding the definition of ``Uncrewed Aircraft 
System Services,'' in alphabetical order, to read as follows:


Sec.  95.303   Definitions.

* * * * *
    Uncrewed Aircraft System Services. The rules for these services, 
including technical rules, are contained in part 88 of this chapter. 
Only NNA stations authorized on a Non-Networked Access basis, as those 
terms are defined in Sec.  88.3 of this chapter, are considered part of 
the Citizens Band Radio Services.
* * * * *
[FR Doc. 2024-29967 Filed 1-7-25; 8:45 am]
BILLING CODE 6712-01-P