Regulations last checked for updates: Feb 23, 2025
Title 47 - Telecommunication last revised: Feb 20, 2025
§ 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,financial,character,and,is.
(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 Commission-approved DFMS.
Effective Date Note:At 90 FR 1395, Jan. 8, 2025, Part 88 was added, and § 88.27 was delayed indefinitely.
§ 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 use.
(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 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.
Effective Date Note:At 90 FR 1395, Jan. 8, 2025, Part 88 was added, and § 88.31 was delayed indefinitely.
§ 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.
Effective Date Note:At 90 FR 1395, Jan. 8, 2025, Part 88 was added, and § 88.33 was delayed indefinitely.
§ 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 [email protected], 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.
Effective Date Note:At 90 FR 1395, Jan. 8, 2025, Part 88 was added, and § 88.35 was delayed indefinitely.
source: 90 FR 1395, Jan. 8, 2025, unless otherwise noted.
cite as: 47 CFR 88.35