What the FCC’s New Rule Means for Drones

The FCC last week approved Part 88, which, for the first time, permits certain drone operations within a dedicated 5 GHz spectrum for wireless communications. Most drones fly on unprotected wireless frequencies—the same ones shared by your Wi-Fi router—which raises the risk of interference, such as through jamming.

“Right now, drone operators largely rely on unlicensed airwaves to communicate with and control these uncrewed aircraft systems,” said FCC Chairwoman Jessica Rosenworcel in a statement. “But the use of unlicensed spectrum leaves these aircraft more vulnerable to interference that could disrupt operations.”

In the U.K. in 2019, for example, a 200-pound drone lost its datalink connection, plummeted 8,000 feet, and crashed about a mile away from a festival with a crowd of 35,000.

As more drones enter the airspace, the potential for such dangers rises. By the FCC’s estimate, the number of drones operating in the U.S. is expected to triple to 6.5 million this decade, and the drone industry will become a multibillion-dollar business.

“These systems support billions in economic activity and can help power services that improve lives,” said Rosenworcel. “Drones are a game-changer for inspecting and maintaining critical infrastructure like cell towers or electric transmission lines. They can access hard-to-reach locations faster and more safely than crews on the ground. First responders increasingly rely on these aircraft to help with rescue operations.

“On top of this, drones have proven invaluable for farmers, providing new ways to monitor field conditions and collect data about crops.”

All of these services, however, are vulnerable to outside actors and forces that could disrupt unprotected frequencies. The FCC rule does not grant all drones access to the dedicated spectrum, but it does lay the groundwork for more UAS to tap in eventually.

Drone use in the U.S. has grown substantially in recent years—as has the risk for interference in operations.

“We are already starting to live in the future we’ve long imagined: uncrewed aircraft systems are fighting wildfires, supporting news gathering, delivering packages, and supporting national security,” said Rosenworcel.

The aviation industry and regulatory bodies have already developed standards for drone spectrum use around which many companies are designing their technology. But managing those radio frequencies is challenging.

“[The spectrum is] a limited resource in high demand,” said Christian Ramsey, chief commercial officer of UAS equipment provider uAvionix, in a blog post. “Like most things, it is limited because it is in high demand. If too many things are broadcasting and receiving on similar frequencies without a well thought out plan, well—things just don’t work very well, because every message is garbled and is getting stomped on by all of the traffic out there.”

The FCC began tackling the dilemma in 2021 with the establishment of a wireless experimentation zone in Raleigh, North Carolina, dedicated specifically to exploring communications for drones.

“The insights gained from this effort have shaped and strengthened our new rules,” said Rosenworcel. “This includes the innovative approach we take here with the establishment of dynamic frequency management systems [DFMS] that will help this spectrum be used safely and efficiently by a wide array of operators.”

The FCC rulemaking process began shortly after in 2022. The following year, President Joe Biden directed the National Telecommunications and Information Administration (NTIA) to create and execute a National Spectrum Strategy Implementation Plan, which it published in November. “Pillar One” of that plan—which the FCC implemented last week—calls for the 5030-5091 MHz spectrum band to be set aside for control-and-non-payload communications (CNPC) UAS datalinks.

By the FCC’s definition, CNPC covers “any transmission that is sent between the UA [uncrewed aircraft] component and the UAS ground station of the UAS, and that supports the safety or regularity of the UA’s flight.” The definition does not include “payload” communications like high-bandwidth video, which are not covered under the rule—at least, not yet.

“Although this regulatory framework covers only a certain type of UAS operations, it is an important step in our ongoing efforts to encourage spectrum-enabled innovation and technological progress for the benefit of all Americans,” said FCC Commissioner Geoffrey Starks, who offered his full support for the initiative.

The rule also excludes networked operations, which per the commission “rely on network infrastructure to go beyond radio line of sight of the operator.” Ground infrastructure, however, could tap into the 5030-5091 MHz band.

“Our actions today should enable UAS to be an effective tool in disaster recovery efforts,” said Starks. “Although we establish a regulatory framework for UAS operating in radio line of sight of an operator, we also permit the use of some ground infrastructure deployment, such as a string of ground stations deployed over a particular and frequently used flight path.”

Starks gave the example of electric utility companies, which could deploy drones linked to ground stations to inspect property damage after a storm, monitor system health during normal operations, or address service disruptions.

“We still need to address a number of remaining issues, including spectrum for networked UAS operations in the 5030-5091 MHz band to fully realize the promise and public interest benefits of UAS,” Starks said.

To access the spectrum, drone operators will use the automated DFMS Rosenworcel alluded to. These systems manage spectrum availability and ensure safe use of the frequency.

The DFMS will assign the operator a temporary frequency within a particular geographic area and time frame, specified by their UAS flight plan. Within that space and time, they would have exclusive and protected use of the band in controlled airspace and “other safety-critical circumstances,” the FCC says.

“By making additional spectrum available through such a framework, we ensure that spectrum is used efficiently and effectively while meeting the needs of UAS operations to be robust, reliable, and safe,” said Starks. “That’s real progress.”

The DFMS framework is still being phased in. In the interim, the rule allows operators to request spectrum permissions from the FAA. Once approved, they must complete an online registration form for the FCC. The commission will notify the public when the rule takes effect and that process becomes available.

Though the protected UAS frequencies will not eliminate interference entirely, Part 88 essentially adds an enforcement mechanism.

“Does designating ‘protected spectrum’ make any type of interference like jamming impossible? Not at all,” said Ramsey, “but it makes the consequences of doing so much higher. With the publishing of Part 88, the 5030-5091 MHz band is aviation-protected spectrum, and we have the rules and the standards by which we can move forward.”

But the work is not done. Several companies, including uAvionix, Aura Network Systems, Boeing and subsidiary Wisk Aero, Lockheed Martin, and Qualcomm, provided feedback on the new rule, pushing back against certain provisions. The FCC rejected many of these suggestions but left the door open for the protected frequencies to be greatly expanded. It will study early drone spectrum operations alongside the NTIA and FAA to identify areas of improvement.

“Enabling a flexible licensing framework for UAS operations with exclusive spectrum access and nationwide network coverage will require an all-hands-on-deck approach from all stakeholders, involving standard developments, spectrum policy, intergovernmental coordination, and full integration of these operations into the nation’s airspace,” said Starks.

Added Rosenworcel: “This is a meaningful step forward to help support the innovative potential of drone technologies and help build a digital future that works for everyone. What comes next is exciting—so let’s get to it.”

Like this story? We think you'll also like the Future of FLYING newsletter sent every Thursday afternoon. Sign up now.