FCC Rules for 5GHz Drones – DRONELIFE

New regulations enable safer, more reliable drone operations in national airspace

By Jim Magill, DRONELIFE Editor-in-Chief

In a crucial step toward integrating unmanned aerial system operations into the national air traffic control system, the Federal Communications Commission (FCC) on August 29 adopted new rules that, for the first time, allow drone control operations to be conducted in the 5 GHz spectrum.

The initial service rules for non-networked drone operations will allow operators to obtain direct frequency assignments in a portion of the 5030-5091 MHz band. These rules rely on dynamic frequency management systems (DFMS) to manage and coordinate access to the radio spectrum.

In a press release, FCC Chairwoman Jessica Rosenworcel said the new rules would make it easier to use drones in a number of scenarios, including fighting wildfires, gathering intelligence, delivering packages and supporting national security.

“The FCC is working hard to address the spectrum needs of remotely piloted aircraft operations. We will continue to work with our public and private partners to achieve the best possible outcomes for public safety, wireless services, consumers, and our economy,” she said.

Under the new rules, dynamic frequency management systems (DFMS) will provide requesting operators with temporary frequency assignments to support UAS control link communications with a level of reliability appropriate for operations in controlled airspace and other safety-critical circumstances.

For operators wishing to transmit in the band prior to DFMS becoming operational, the rules establish an interim access mechanism. Under this mechanism, operators wishing to transmit in the band must first submit an application to the FAA for conflict resolution and approval. Once FAA approval is obtained, operators must complete an online application form with the FCC.

The FCC said the interim mechanism would be made available to carriers once the rules take effect, and the commission announced in a public notice that it would begin accepting registrations.

The new rules, outlined in an order passed by the FCC by a vote, represent the first step toward modernizing spectrum regulations outlined in the National Spectrum Strategy released last November. The FCC said it will continue to explore ways to integrate drone deployments into the 5 GHz band, in coordination with the National Telecommunications and Information Administration and the FAA.

According to the order, the new rules will go a long way toward fully integrating drone operations into the National Airspace System (NAS), “including in controlled airspace in which commercial passenger flights operate and in circumstances of increased risk, such as flights involving large aircraft or carrying passengers or flights beyond the remote pilot’s line of sight.”

Under the new system, one or more DFMSs will manage and coordinate spectrum access by providing temporary frequency assignments to requesting drone operators. This will help ensure that drone control link communications are supported “with a level of reliability appropriate for operations in controlled airspace and other safety-critical circumstances,” the decree states.

“We see broad support for authorizing early and direct access to a portion of the band for protected missions under DFMS coordination, and we anticipate 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.”

In a separate statement, Rosenworcel said the new rules mark the first time the FCC has allowed drone operators to access a portion of the radio spectrum dedicated to control operations in circumstances where safety is critical.

FCC Commissioner Geoffrey Starks also released a statement saying the new rules for the 5 GHz spectrum would help enable the use of drones in ad hoc operations, such as disaster recovery efforts.

“While we are establishing a regulatory framework for drones operating within line-of-sight of an operator, we are also authorizing the use of certain ground infrastructure deployments, such as a chain of ground stations deployed along a particular, frequently used flight path,” he said.

Under the new rules, dynamic frequency management systems would assign a requesting drone operator temporary use of certain frequencies for a particular geographic area and time period, based on the UAS flight plan submitted by the operator. The operator would be granted exclusive and protected use of the assigned frequencies in the assigned area and time period for the duration of the assignment. Thereafter, the frequency would be available in that area for assignment to another operator.

“Severe weather, wildfires and other emergencies can occur at any time, and their number is increasing with climate change. Our actions today should help ensure drones become an effective tool in disaster relief efforts,” Starks said.

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Jim Magill is a Houston-based writer with nearly a quarter century of experience covering technical and economic developments in the oil and gas industry. After retiring in December 2019 as a senior editor at S&P Global Platts, Jim began writing about emerging technologies, such as artificial intelligence, robots and drones, and how they are impacting our society. In addition to DroneLife, Jim is a contributor to Forbes.com and his work has appeared in the Houston Chronicle, US News & World Report and Unmanned Systems, a publication of the Association for Unmanned Vehicle Systems International.

Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a marketplace for professional drone services, and an avid observer of the emerging drone industry and the drone regulatory environment. Miriam has written over 3,000 articles focused on the commercial drone sector and is an international speaker and recognized figure in the industry. Miriam is a graduate of the University of Chicago and has over 20 years of experience in high-tech sales and marketing for emerging technologies.
For advice or writing about the drone industry, email Miriam.

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