G/TBT/N/USA/1962  
8 February 2023  
(23-0931) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Communications Commission (FCC) [1993]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicate d if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Unmanned 
aircraft systems; Powered aircraft "e.g. helicopters and aeroplanes"; spacecraft, incl. 
satellites, and s uborbital and spacecraft launch vehicles (HS code(s): 8802); Aircraft and 
space vehicles in general (ICS code(s): 49.020)  
5. Title, number of pages and language(s) of the notified document:  Spectrum Rules 
and Policies for the Operation of Unmanned Aircraf t Systems; (28 page(s), in English)  
6. Description of content:  Proposed rule - In this document, the Federal Communications 
Commission ("FCC" or "Commission") seeks comment on rules to promote access by 
unmanned aircraft system (UAS) operators to licensed  spectrum to support UAS 
operations. First, this document seeks comment on service rules for the 5030 -5091 MHz 
band that will provide UAS operators with access to licensed spectrum with the reliability 
necessary to support safety -critical UAS command -and-control communications links. 
Second, due to the increasing interest in operating UAS using existing terrestrial flexible -
use spectrum networks, this document seeks comment on whether the Commission's 
current rules are adequate to ensure co -existence of ter restrial mobile operations and 
UAS use or whether changes to these rules are necessary.Third, to further promote the 
safe integration of unmanned aircraft operations in controlled airspace and facilitate flight 
coordination, this document proposes a proces s for UAS operators to obtain a license in 
the aeronautical very high frequency (VHF) band to communicate with air traffic control 
and other aircraft. Together, these measures will help to promote the growth and safety 
of UAS operations.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  
8. Relevant documents:   G/TBT/N/USA/1962  
 
- 2 - 
 
  88 Federal Register (FR) 7910, 7 February 2023; Title 47 Code of Federal Regulations 
(CFR) Parts 1, 87, and 88:  
https://www.govinfo.gov/content/pkg/FR -2023-02-07/html/2023 -00961.htm  
https://www.govin fo.gov/content/pkg/FR -2023-02-07/pdf/2023 -00961.pdf  
This proposed rule is identified by IB Docket No. 22 -101. The Docket Folder is available 
on the FCC's website at https://www.fcc.gov/document/fcc -starts -rulemaking -licensed -
spectrum -unmanned -aircraft -use and provides access to primary documents as well as 
comments received (if any). The full text of the proposed rule is accessible at 
https://www.fcc.gov/edocs/search -results?t=quick&fccdaNo=22 -101 at URL 
https://docs.fcc.gov/public/attachments/FCC -22-101A1.pdf . Documents are also 
accessible from the FCC's Electronic Document Management System (EDOCS)  by 
searching the IB Docket Number. Comments are due on or before 9 March 2023; reply 
comments are due on or before 10 April 2023. WTO Members and their stakeholders are 
asked to submit comments to the USA TBT Enquiry Point  by or before 4pm Eastern Time  
on 9 March 2023. Comments received by the USA TBT Enquiry Point from WTO Members 
and their stakeholders will be shared with the regulato r and will also be submitted to the 
FCC Electronic Comment Filing System (ECFS)  if received within the comment period.  
Rulemaking on Licensed Spectrum for Unmanned Aircraft Use: 
https://www.fcc.gov/document/fcc -starts -rulemaking -licensed -spectrum -unmanned -
aircraft -use 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  9 March 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://docs.fcc.gov/public/attachments/FCC -22-101A1.pdf  
https://members.wto .org/crnattachments/2023/TBT/USA/23_0990_00_e.pdf