UNCREWED AIRCRAFT SYSTEM SERVICES

• Citation: 47 CFR Part 88
• Sections: 21

§ 88.1 Scope.

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

§ 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 § 95.303 of this chapter. Except for the definitions of Citizens Band Radio Service and Uncrewed Aircraft System Services in § 95.303, the rules of part 95 of this chapter shall not apply to such devices.

§ 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.

§ 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.

§ 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.

§ 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 § 88.141.

§ 88.31 Non-networked access use.

(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 Quiet Zone (NRQZ) are prohibited without the prior coordination with the NRQZ administrator required under § 88.35. Consistent with § 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 § 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.

§ 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.

§ 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°15′0.4″ on the north, W 78°29′59.0″ on the east, N 37°30′0.4″ on the south, and W 80°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 § 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.

§ 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 § 88.117) section 2.2.1.6.1 and associated subsections.

§ 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 § 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.

§ 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 § 88.117) section 2.2.1.6.2.1.

§ 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 § 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.

§ 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 § 88.117) sections 2.2.1.3 and 2.2.1.3.1.

§ 88.111 Certification required.

Each transmitter utilized for operation under this part and each transmitter marketed as set forth in § 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.

§ 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.

§ 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: [phone]. 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: [phone]; email: [email protected]; website: http://RTCA.org.

(a) RTCA-DO-362A, Command and Control (C2) Data Link Minimum Operational Performance Standards (MOPS) (Terrestrial), dated December 17, 2020.

(b) [Reserved]

§ 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 § 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 § 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 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 § 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 § 88.135

Allen Telescope Array, Hat Creek, CA

Rectangle between latitudes 40°00′ N and 42°00′ N and between longitudes 120°15′ W and 122°15′ W.

NASA Goldstone Deep Space Communications Complex, Goldstone, CA

80 kilometers (50 mile) radius centered on 35°20′ N, 116°53′ W.

National Astronomy and Ionosphere Center, Arecibo, PR

Rectangle between latitudes 17°30′ N and 19°00′ N and between longitudes 65°10′ W and 68°00′ W.

National Radio Astronomy Observatory, Socorro, NM

Rectangle between latitudes 32°30′ N and 35°30′ N and between longitudes 106°00′ W and 109°00′ W.

National Radio Astronomy Observatory, Green Bank, WV

Rectangle between latitudes 37°30′ N and 39°15′ N and between longitudes 78°30′ W and 80°30′ W.

National Radio Astronomy Observatory, Very Long Baseline Array Stations

80 kilometers radius centered on:

North latitude

West longitude

Brewster, WA

48°08′

119°41′

Fort Davis, TX

30°38′

103°57′

Hancock, NH

42°56′

71°59′

Kitt Peak, AZ

31°57′

111°37′

Los Alamos, NM

35°47′

106°15′

Mauna Kea, HI

19°48′

155°27′

North Liberty, IA

41°46′

91°34′

Owens Valley, CA

37°14′

118°17′

Pie Town, NM

34°18′

108°07′

Saint Croix, VI

17°45′

64°35′

Owens Valley Radio Observatory, Big Pine, CA

Two contiguous rectangles, one between latitudes 36°00′ N and 37°00′ N and between longitudes 117°40′ W and 118°30′ W, and the second between latitudes 37°00′ N and 38°00′ N and between longitudes 118°00′ W and 118°50′ W.

§ 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 § 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 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.

§ 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.

§ 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 § 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.