COVID-19 Shows Drone Functions Amid Regulatory Concerns, FCBA Hears

“We’ve got a unique opportunity right now with the pandemic,” said Dontai Smalls, UPS vice president-global public affairs. “We need to get the public more aware” of the technology and “also more accepting,” he said. The FAA has been more open to exemptions due to the coronavirus, he said. The company launched its drone program a year ago and got its first license to fly the vehicles last year, he said.

Smalls highlighted a program at the Villages in Florida, the largest U.S. retirement community. UPS is partnering with CVS to deliver temperature-controlled prescription medicine to landing sites and then on golf carts to individual homes, he said. The program is helping build a “use case” for how drone technology can be used, he said. The technology is moving fast and regulators need to move “as fast,” he said.

“There’s so many different use cases” limited “only by our collective imagination,” said Hogan Lovells’ Lisa Ellman. The pandemic made the value of drones clear for delivery of COVID-19 test kits and lab samples and inspecting critical infrastructure, she said. “This is only the tip of the iceberg."

“Drone delivery of all types” used by public safety, including search and rescue missions and officer awareness as incidents unfold, is getting among the most attention, said Tom McMahon, Association for Unmanned Vehicle Systems International senior vice president-advocacy and government relations. Much of the group’s focus has been on state and local rules, he said.

One big question is what the FAA will do to expand on the USA Integration Pilot Program (IPP) after it expires in October, McMahon said. “All of this was done to inform future rulemakings,” he said: “We’re also looking for other regulations down the line such as flying beyond visual line of sight” and making drone delivery “more of a routine and regular operation.”

There have been a lot of successes, but also challenges, from the IPP, Ellman said. The program generated White House focus on drones, and some tweaks could make it more effective, she said. There’s “a lot of really good work being done at the FAA, but sometimes it’s really slow,” she said. “The technology moves very quickly,” Smalls said: “I can’t say that enough.”

The FCC sought comment last year on a notice on drone use of the 960-1164 MHz and 5030-5091 MHz bands (see 1912270039). The Commerce Spectrum Management Advisory Committee is also looking at UAS spectrum needs (see 2004220059).

Spectrum for safe operation of drones requires collaboration of the FCC, FAA and probably the Commerce Department, said Joseph Cramer, Boeing Global Spectrum Management director-spectrum policy and regulatory affairs. “You have to satisfy two different regulators at least” and Boeing has to worry about international certifications as well, he said.

The FAA and FCC operate very differently, said Chris Wieczorek, T-Mobile senior director-spectrum policy. “In the wireless world, we sometimes complain that the FCC is very slow,” he said: “You have seen nothing compared to the glacial speed at which the FAA operates.” Another big difference is under most FCC flexible-use spectrum rules, you can do anything except what's prohibited, he said. “In the FAA world, you can do nothing that you want unless it’s permitted,” he said. The FCC has oversight of consumer drones, he said: “Rubber stamp is not exactly the right term to use, but pretty close to it” and that’s one reason there are a lot more small drones than larger ones.

The FAA defended itself. "Safely integrating drones into the National Airspace System is one of the FAA's top priorities," emailed a spokesperson. "We have achieved an unparalleled aviation safety record, and we require the same level of safety of drones as we do of any other operator. We have undertaken a host of initiatives to speed the safe integration of drones." The agency is working on a rule for remote identification of drones, he said. "We are continually collaborating with our stakeholder partners to identify additional integration opportunities and strategies."

It’s “generous” to say the FAA moves at a “glacial” pace, Cramer said. Industry gets frustrated with five-year study cycles at the ITU, he said. The International Civil Aviation Organization works in 10-year cycles, he said. “The more you get the FAA involved … the slower you’ll see innovation."