FCC Adopts New Rules Allowing Drones to Operate in 5-GHz Spectrum

New Regulations Enable Safer and More Reliable Drone Operations in National Airspace

By DRONELIFE Features Editor Jim Magill

In a critical step toward integrating unmanned aerial system operations into national air traffic system, the Federal Communications Commission (FCC) on Aug. 29 adopted new rules that, for the first time, enable 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. The rules rely on dynamic frequency management systems (DFMSs) to manage and coordinate access to the radio spectrum.

In a press release, FCC Chairwoman Jessica Rosenworcel said the new rules would facilitate the use of drones across a number of scenarios, including fighting wildfires, news gathering, delivering packages, and supporting national security.

“The FCC is working hard to meet the spectrum needs of remote-piloted aircraft activity.  We will continue to work with our public and private partners to support the best outcomes for public safety, wireless services, consumers and our economy,” she said.

Under the new rules, dynamic frequency management systems (DFMSs) will provide 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.

For operators seeking to transmit in the band before the DFMSs are put into operation, the rules establish an interim access mechanism. Under this mechanism, operators seeking to transmit in the band must first submit a request to the FAA for deconfliction and approval. Upon FAA authorization, operators must complete an online registration form with the FCC.

The FCC said the interim mechanism would be made available to operators after the rules become effective and the commission has announced by public notice that it will begin accepting registrations.

The new rules, outlined in an Order that the FCC adopted by a vote, represent the initial step toward modernization of spectrum regulations previewed in the National Spectrum Strategy released last November. The FCC said it would continue to study ways to incorporate the deployment of UAS into the 5-GHz band, in coordination with 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 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.”

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

“We find wide support for enabling early, direct access to a portion of the band for protected assignments under DFMS coordination, and 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 enabled drone operators to access a portion of the dedicated radio spectrum for control operations in circumstances where safety is essential.

FCC Commissioner Geoffrey Starks also issued a statement, in which he said the new rules regarding the 5-GHz spectrum would help enable the use of drones in one-time operations, such as disaster recovery efforts.

“Although we establish a regulatory framework for UAS operating in radio line of sight of an operator, we also permit the use of some ground infrastructure deployment, such as a string of ground stations deployed over a particular and frequently used flight path,” he said.

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

“Severe weather, fire, and other emergencies can happen at any moment, and are increasing with climate change. Our actions today should enable UAS to be an effective tool in disaster recovery efforts,” Starks said.

Read more:

• How FCC-Licensed Aviation Spectrum Enables BVLOS Drone Flight: AURA Networks
• FAA Grants Historic BVLOS Approval for Multiple Operators in DFW Area
• Nokia Tests Disaster Recovery Drone Network in Japan

Jim Magill is a Houston-based writer with almost 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 with S&P Global Platts, Jim began writing about emerging technologies, such as artificial intelligence, robots and drones, and the ways in which they’re contributing to our society. In addition to DroneLife, Jim is a contributor to Forbes.com and his work has appeared in the Houston Chronicle, U.S. News & World Report, and Unmanned Systems, a publication of the Association for Unmanned Vehicle Systems International.