1380 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations 

B. Paperwork Reduction Act (PRA) (44 

U.S.C. 3401 et seq.) 

This action does not impose an 

information collection burden under the 

PRA. This action defers application of 

sanctions and imposes no new 

requirements. 

C. Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. This action defers application 

of sanctions and imposes no new 

requirements. 

D. Unfunded Mandates Reform Act 

(UMRA) (Pub. L. 104–4) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175. This action defers 

application of sanctions and imposes no 

new requirements. In addition, this 

action does not apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian Tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. This action does not 

involve technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements Executive 

Order 12898 and defines EJ as, among 

other things, the just treatment and 

meaningful involvement of all people, 

regardless of income, race, color, 

national origin, or Tribal affiliation, or 

disability in agency decision-making 

and other Federal activities that affect 

human health and the environment.’’ 

The air agency did not evaluate EJ 

considerations as part of its SIP 

submission; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of Executive Order 

12898/14096 of achieving EJ for 

communities with EJ concerns. 

K. Congressional Review Act (CRA) (5 

U.S.C. 801 et seq.) 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this 

action as discussed in section II of this 

preamble, including the basis for that 

finding. 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 10, 2025. Filing a 

petition for reconsideration by the EPA 

Administrator of this action does not 

affect the finality of this action for the 

purpose of judicial review nor does it 

extend the time within which petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 17, 2024. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

[FR Doc. 2024–30649 Filed 1–7–25; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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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 safetycritical 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 §§ 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 § 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 

Peter.Trachtenberg@fcc.gov 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 

Cathy.Williams@fcc.gov. 

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 fcc504@fcc.gov 

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 SubBand 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 nonnetworked 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 nonnetworked 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 nonconnected 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-byrule 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 UASrelated 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 Commissionapproved 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 (nonmanual) 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 


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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-ofThings 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 firstcome-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 


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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 noninterference 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 usagebased 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 


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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 

nrqz@nrao.edu. 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 nrqz@

nrao.edu, 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 


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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-ofband 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-offlight, 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 


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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 safetycritical 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 


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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 clientsupplied 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 


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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 highlevel 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 timeconsuming 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 


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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 nondiscriminatory, 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 tenyear 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 radionavigationsatellite 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 flighttesting 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 caseby-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-tospace) on a primary basis for nonFederal 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 


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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 terrestrialbased 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 


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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 highlevel 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. 


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Equipment Authorization. The 

Commission adopts equipment 

authorization requirements similar to 

those under §§ 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 

§§ 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 

■ 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. 

■ 2. Amend § 0.241 by adding 

paragraphs (a)(1)(iii) and (m) to read as 

follows: 

§ 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 noticeand-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. 

■ 3. Amend § 0.331 by revising the 

introductory text of paragraph (d) and 

adding paragraph (j) to read as follows: 

§ 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 


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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 § 90.35(c)(61) 

of this chapter and revisions to the 

Government Radiolocation list in 

§ 90.371(b) of this chapter need not be 

referred to the Commission. Adoption of 

certain technical standards applicable to 

hearing aid compatibility under § 20.19 

of this chapter made together with Chief 

of the Office of Engineering and 

Technology, as specified in § 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 § 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 § 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 

■ 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. 

■ 5. Revise §§ 1.901 and 1.902 to read as 

follows: 

§ 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. 

§ 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. 

■ 6. Amend § 1.907 by revising the 

definitions of ‘‘Private Wireless 

Services’’ and ‘‘Wireless Radio 

Services’’ to read as follows: 

§ 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. 

* * * * * 

■ 7. Amend § 1.924 by adding paragraph 

(a)(4) to read as follows: 

§ 1.924 Quiet Zones. 

(a) * * * 

(4) Parties subject to subpart B of part 

88 of this chapter shall follow the 

requirements of § 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 

■ 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. 

■ 9. Amend § 2.1055 by revising 

paragraph (a)(2) to read as follows: 

§ 2.1055 Measurements required: 

Frequency stability. 

(a) * * * 

(2) From ¥20° to +50° 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 

§ 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 

■ 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. 

■ 11. Amend § 87.1 by revising 

paragraph (b) to read as follows: 

§ 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. 

■ 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. 


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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 

§ 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, shortterm 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 

§ 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 Commissionapproved 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. 

(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 


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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 nrqz@nrao.edu, 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. 

Subpart C—[Reserved] 

Subpart D—Technical Requirements 

§ 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. 


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§ 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. 

§ 88.115 RF safety. 

Licensees and manufacturers are 

subject to the radio frequency radiation 

exposure requirements specified in 

§§ 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. 

§ 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 fedreg.legal@nara.gov 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: 

info@rtca.org; 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] 

Subpart E—Dynamic Frequency 

Management Systems 

§ 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 


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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 nearborder 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 nondiscriminatory 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 esm@nsf.gov 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 


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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. 

PART 95—PERSONAL RADIO 

SERVICES 

■ 13. The authority citation for part 95 

continues to read as follows: 

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

■ 14. Amend § 95.303 by adding the 

definition of ‘‘Uncrewed Aircraft System 

Services,’’ in alphabetical order, to read 

as follows: 

§ 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 

§ 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 


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