The Aerospace Industries Association said the FCC shouldn’t make a quick decision on a request for waiver for drones of 450 MHz general aviation air-ground radiotelephone service rules by Aura Network Systems and A2G Communications (see 2006240023). Other commenters said drones need more spectrum for command and control (C2) and the request should be approved. Several reminded of a pending rulemaking on use of the 960-1164 MHz and 5030-5091 MHz bands by drones (see 1912270039), posted through Monday in docket 20-185. AIA raised air safety concerns. “Given that the waiver is seeking a change in the use of spectrum from the Land-Mobile service … to an aviation safety use, AURA should be required to consult with" FAA, the group said. Boeing also raised safety issues: “Issuing an expedited waiver to a single provider, in a frequency band that has not been demonstrated to be safe for UAS [unmanned aircraft system] C2 operations, is not the best path.” The 5030-5091 MHz band is allocated for drone control “pursuant to international consensus,” Boeing noted. The National Public Safety Telecommunications Council endorsed waiver, warning “additional spectrum for payload and possibly for command and control will be needed for effective UAS operations, given the expanding demand for UAS.” The Enterprise Wireless Alliance “supports whatever waiver relief the FCC considers necessary,” EWA said: “This is a logical response to technology advances that often exceed the pace of regulatory changes.” EWA agreed drones need spectrum beyond 450 MHz. The Edison Electric Institute said drones are increasingly important to electric utilities and the waiver should be approved. The band’s “propagation characteristics, bandwidth and lack of other incumbents makes it well suited for command and control and non-payload communications at low altitudes and a cost-effective nationwide coverage for low-altitude, Beyond Visual Line of Sight and other expanded operations,” EEI said. Federated Wireless said dynamic sharing can prevent harmful interference.

The FCC fined HobbyKing $2.86 million for marketing noncompliant drone transmitters. The devices link the unit's transmitters by video with users flying the drones, the commission said in an item in Friday's Daily Digest (see related items here). After getting complaints, the Enforcement Bureau investigated, finding 65 models that operated in unauthorized RF bands and sometimes at excessive transmission power. After warning the company to follow the rules, the commission received more complaints and ordered HobbyKing to provide information on its marketing of the transmitters, the agency said. "Yet HobbyKing provided no further response, as required by law." If the retailer doesn't pay in a month, the FCC said it will refer the debt to DOJ for collection. "Continued failure to comply with the equipment marketing requirements is likely to be met with additional sanctions," warned a forfeiture order. "The Company’s pledge to use 'best efforts' not to market additional noncompliant products identified by the Bureau is not sufficient." Commissioner Mike O'Rielly noted the company's actions aren't "analogous to the equipment authorization rule changes I have proposed" that would allow presale of devices before his agency's OK (see 2006020069). That reflects "today’s world where people are used to Kickstarter campaigns and ordering handsets weeks before they are delivered into consumers’ eager hands." These rule changes "can be effectively implemented without causing any harm," he added, but "the same cannot be said of HobbyKing’s actions." Repeated attempts to reach a company representative were unsuccessful.

The FCC Wireless Bureau seeks comment on a request for waiver of 450 MHz general aviation air-ground radiotelephone service rules by Aura Network Systems and A2G Communications. “Petitioners seek relief of certain rules that dictate the types of services that may be provided, specify minimum separation between co-channel stations, limit the amount of spectrum assigned in a particular area, and set a minimum power limit for ground and airborne stations,” said Wednesday's notice. They argue waiver is needed “to provide new voice and data applications, including service to unmanned aircraft systems, to the broadest base of aviation subscribers possible.” Comments are due July 24, replies Aug. 10, in docket 20-185.

Several areas require more discussion and clarity as the FAA tackles unmanned aerial system traffic management (UTM), the agency's Drone Advisory Committee (DAC) was told Friday in a virtual meeting. “As UTM is rolled out, we recognize that there are many instances that could require airspace to be limited for a period,” said Max Fenkell, Aerospace Industries Association director-unmanned and emerging aviation technologies, who presented a report on UTM. One question that “came up constantly” was would UAS volume reservations “be available only to public safety or would a similar ... tool be available to commercial entities,” he said. Another question is whether manned aircraft operators would be required to participate in UTM, Fenkell said. Rules make participation optional and a “more robust discussion” is needed, he said. The DAC agreed to forward the report to the agency. DAC member Robie Roy, Lockheed Martin vice president-technology, said spectrum for drones remains a big issue. “All of this interconnectivity is not going to be effective unless we pay attention to spectrum allocation, usage, etc.,” Roy said. He noted the Commerce (Department's) Spectrum Management Advisory Committee is looking at spectrum for drones (see 2004220059). The FAA should work with CSMAC, said David Silver, AIA vice president-civil aviation: “We’re aware of the effort, and we think it’s very important.” Spectrum is “the lifeblood” of the drone industry, Fenkell said: “We need to look at all possible options including … aviation spectrum.”

Customs and Border Protection in Detroit seized 4,600-plus remote controlled helicopter drones worth some $69,000 that didn't meet FCC labeling requirements, CBP said Wednesday. The goods, imported from China and subject to tariffs, were also found to be undervalued by about $62,000, CBP said. The imports "were seized June 1 in conjunction with a previous shipment containing more than $400,000 in counterfeit merchandise" that was taken in late May, the agency said.

The Unmanned Aircraft Spectrum Subcommittee of NTIA's Commerce Spectrum Management Advisory Committee is finding there can’t be a single approach to spectrum since the many types of drones pose different problems and have various communications needs, said co-Chair Andrew Roy, Aviation Spectrum Resources director-engineering services. Both control and non-payload communications and command and control spectrum are “critical for safety and enabling safe integration of UAS into the national air space,” said co-Chair Carolyn Kahn, Mitre principal economics and business analyst. NTIA and the FCC “need to be informed of the various spectrum requirements,” she said at Wednesday's CSMAC meeting. “This does require coordination.” The U.S. also needs “access granting mechanisms and service rules,” she said. The report is due in March and an update here. CSMAC also discussed combining the FCC and NTIA (see 2004230004).

DOJ components can retain investigation-related data intercepted and collected from drones for no longer than 180 days, Attorney General William Barr said Monday. Officials can share the data and communications if it supports investigations and other law enforcement agencies like DOD and the Homeland Security Department, the guidance said. It outlines how department components can request “designation of facilities or assets for protection” under the Preventing Emerging Threats Act.

Northeastern University wireless IoT institute researchers said drones need more spectrum, including in 960-1164 MHz and 5030-5091 MHz. The FCC sought comment last year (see 2001280034). Based on experiments, the researchers concluded “there is spectrum scarcity in the existing cellular spectrum,” said a posting Wednesday in docket 19-356. “Adding additional use-cases of [unmanned aerial system] operation is going to stretch available resources.” Making other frequencies available “will reduce the dependency on legacy spectrum,” they said. Work remains on how to protect other users, especially in the lower band that's used for air-traffic control, they said.

Boeing said the FCC should act on an Aerospace Industries Association petition for service rules in the 5030-5091 MHz band to enable safety communications for unmanned aircraft systems. The company also asked the agency to act on its petition to exempt industrial, scientific and medical components in transportation vehicles from Part 18 licensing, said a filing posted Thursday in docket 19-356 on a meeting with Office of Engineering and Technology staff. “Boeing explained how it currently utilizes spectrum across its business units and the importance of access to spectrum to continue to support U.S. manufacturing, testing, and innovation, as well as for future growth,” the filing said.

Commenters again stressed the importance of commercial spectrum to safe operation of unmanned aerial systems, in replies this week in docket 19-356. The replies, due Monday, follow initial comments in December (see 1912270039). The FCC sought comment on the use of the 960-1164 MHz and 5030-5091 MHz bands by drones. “New use cases and deployment scenarios for UAS are developing every day, and safe and secure UAS activities will require ample spectrum” and the two bands won’t be available for years, CTIA said. “The record demonstrates that licensed commercial wireless spectrum is an ideal alternative that is readily available today,” CTIA said: “Stakeholders deploying this reliable and secure communications platform are now exploring ways to minimize interference to other users and developing technological solutions that will enable even more advanced drone operations, including for safety-of-life services and higher-altitude flights.” Verizon said the record shows overwhelming support for “continued application of the Commission’s flexible use policies to encourage using commercial mobile spectrum for UAS.” Commenters agree “on the importance of ensuring the safe operation of UAS, and mobile network operators have proven that they are best positioned to ensure that commercial mobile spectrum can be leveraged safely and without interference,” the carrier said. Spectrum Financial Partners said 5G and other cellular networks “with modern dynamic tilt control, low latency,” support for massive IoT and machine-to-machine communications and shared spectrum approaches are well suited to providing spectrum for drones. “The UAS industry is still very much in its infancy and its needs and applications are rapidly evolving and commercial cellular networks are best equipped, deployed and competitively managed to ensure that UAS communications needs are immediately and responsively addressed in a spectrally efficient and cost-effective way,” the company said. The National Public Safety Telecommunications Council said it joins initial commenters “in noting the need for the Commission to move forward to define spectrum allocations and related regulations for UAS.” NPSTC supports “commenters’ recommendations for the Commission, the FAA and NTIA to work cooperatively and expeditiously together to provide regulatory certainty for UAS operations,” the group said: “The needs of public safety, in addition to those of other critical functions, as well as those of commercial wireless providers, should be part of this discussion.”