Detect & Avoid Technology, DFR, Radar & FCC Requirements

Over the past two weeks, I have received questions on detect and avoid technologies, radar and FCC Requirements. To get the right information, the FCC was asked the following questions and provided the following answers:

Regarding your questions about the use of radiolocation equipment/licenses for radionavigation purposes, please see staff responses below underlined.  I hope that these are helpful.

Best regards,

-Peter

Peter Trachtenberg

Attorney-advisor

Mobility Division, Wireless Telecommunications Bureau

Federal Communications Commission

(202) 418-7369

1)    For beyond visual line of sight (BVLOS) first responder drone operations, is it required that the radar system used to assist with operations hold FCC equipment authorization under 47 CFR Part 87 for radionavigation purposes?

If the radar system is being used for radionavigation, then it must be certificated for use in the Part 87 radionavigation service (part 87, subpart Q). See 47 CFR 87.145(a).

2)    If a radar system has only been granted an experimental equipment authorization, is it eligible for use in radionavigation operations within the national airspace, including those supporting first responder drone missions? 

Possibly, dependent on frequency and the terms of the experimental authorization.  At a minimum, allowing radionavigation operations within the national airspace requires coordination with the FAA and may require a waiver from the FAA.  Such use could also require other coordination (e.g., terrestrial, and/or aeronautical operations).  Additionally, the experimental radar would only be allowed to operate an unprotected and non-interference basis.  The experimental radar must also have the FCC’s express authority to conduct experimental airborne operations.

3)    If a radar system is certified under 47 CFRPart 90 for radiolocation, can it be used for radionavigation services without requiring an additional FCC waiver?

No, absent a waiver, a radar system certified under Part 90 for radiolocation cannot be used for radionavigation, which is a Part 87 service.

4)    If such a system—certified under 47 CFR Part 90 for radiolocation—is permitted to perform radionavigation services, will the FCC issue a transmitting license for that equipment while it is operating in a radionavigation capacity?

As this use would require a waiver from the FCC, whether the FCC would issue a transmitting license in the radionavigation service would depend on the terms of the waiver.  For example, in the case of licenses received per the Echodyne waiver (which permitted radiolocation use in a radionavigation band), the waiver specifically provided that stations will receive transmitting licenses “as Aviation Radionavigation Land stations.”  See Echodyne Corp., Order, DA 19-556 (rel. June 12, 2019), https://docs.fcc.gov/public/attachments/DA-19-556A1_Rcd.pdf.

5)    How does the FCC coordinate with the Federal Aviation Administration (FAA) to ensure that ground-based radar systems used for radionavigation comply with both FCC regulations and aviation safety standards?

For radionavigation systems, the FCC coordinates with the FAA when an applicant seeks a transmitting license and, depending on the frequency, at the equipment authorization stage as well.  Applicants for equipment authorization must comply with rule 87.147(d), requiring them to coordinate with the FAA for equipment operating in the specified bands, and providing that the FCC will not act on the application until it receives the FAA's determination regarding whether it objects to the application for equipment authorization.  In addition, all applicants for a transmitting license in part 87 radionavigation must coordinate with the FAA per rule 87.475(a), and the FCC also coordinates with the FAA under this provision.

6)     Given the evolving spectrum landscape, are there any upcoming changes to the FCC’s rules that might impact the licensing or operation of ground-based radar systems intended for radionavigation purposes? 

The FCC currently has an open rulemaking seeking comment on, among other things, whether to permit radiolocation uses in a frequency band currently designated for radionavigation, 24.45-24.65 GHz, which would permit radar systems developed for radionavigation (e.g. DAA) to be also used for radiolocation purposes (e.g. counter-UAS).  See Advanced Air Mobility Notice of Proposed Rulemaking, FCC 25-7, https://docs.fcc.gov/public/attachments/FCC-25-7A1.pdf.

7) Does marine radar in the X band require an equipment authorization and can it be used for radionavigation without an equipment authorization for radionavigation?

In the Table of Allocations, Maritime Radionavigation is allocated in the X band at 9.2-9.3 GHz. (See 47 CFR 2.106).  To be used for maritime radionavigation, a marine radar would need equipment authorization for Part 80 operations unless it meets one of three exceptions specified in rule 80.203 (subsections (g), (h), and (i)).  For example, 80.213(i) provides that certification is not required for U.S. Government furnished transmitters to fulfill a U.S. Government contract.  

You may be able to determine whether the radar has equipment authorization for part 80 operations from the radar’s accompanying documentation (which may include the FCC Identifier Number).  If not, you could reach out to the manufacturer to obtain this information.

Please note, however, that marine radionavigation refers to a radionavigation service intended for the benefit and for the safe operation of ships specifically. (See 47 CFR 2.1).  Accordingly, whether the device, if authorized just for part 80 operations, could be used for radionavigation would depend on whether the particular radionavigation use is to support the safe operation of ships and is consistent with the rules for maritime radionavigation.  Using radar to support the safe operation of aircraft (aeronautical radionavigation) would generally require equipment authorization under part 87.