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The integration of Unmanned Aerial Systems (UAS) into civil airspace is projected to generate $89 billion in revenues over the next decade, according to the Aerospace Industries Association. This integration poses regulatory, legal, insurance and technology challenges that are only now starting to be addressed.

Securing access to the required bandwidth and spectrum for civilian UAS communications is a key issue that operators must overcome.

UAS-based applications and services

Users of applications and services offered by UAS are probably more extensive than are generally realized and can already be found across many sector.

“The business plans for these technologies are as wide-spread as they are ambitious, ranging from city-wide delivery of documents in Dubai to plans to revolutionize logistics across the United States and communications in the developing world,” says Greg Francis, managing director of Access Partnership. “The World Wildlife Fund (WWF) is using UAS to monitor elephant and rhino populations in the Republic of Namibia in real time; these UAS help the rangers of Namibia’s wildlife reservations avoid poachers.

Communications and navigation satellites can be used for controlling UAS Beyond Line of Sight (BLOS) of a ground station, for command and control, sense-and-avoid, and air traffic communications. Communications satellites can also provide the downlink of high bit-rate payload data to end-users.

Access to spectrum

The ever-growing use, and potential uses, of UAS technology necessitates sufficient and sustainable access to spectrum. Agenda Item 1.5 of the International Telecommunication Union (ITU)’s 2015 World Radiocommunication Conference (WRC-15) provides the basis for developing regulations for the use of unplanned Fixed Satellite Services (FSS) frequencies to be used for the Control and Non-Payload Communications (CNPC) links for UAS operations. This provides the FSS community with an opportunity to assume a substantial role in the growing civil use of UAS.

On-going ITU studies under this agenda item prove the case that spectrum dedicated to this purpose is much needed. The International Civil Aviation Organization (ICAO) supports the studies and has proposed conditions to enable the safe operation and use of FSS for UAS CNPC. The ITU has identified that 34 MHz would be required for UAS line of sight and command and control communications, and 56 MHz would be required for UAS BLOS communications using satellites.

The outcome of WRC-12 was that the allocation of 5030 – 5091 MHz could be used for UAS operating BLOS, although no current satellite systems use that band or, it is understood, intend to. However, there is increasing need for (and considerable interest in) obtaining access to additional BLOS allocations by means of FSS spectrum. Sustainable access to suitable frequency bands is also essential to ensure real-time communication of payload data resulting from UAS operations. To date, no specific frequency bands have been identified or assigned to be used for UAS payload communications, whether terrestrial or satellite. Payload uses should not use aeronautical assigned spectrum and vice versa.

WRC-15 and onwards

It is important that the UAS community provide an evidence-based “business plan” to regulators, which can be explained to delegations at the ITU now and post WRC-15. “As other technologies make the case for their spectrum allocations through clear demonstrations of market demand, only the same action from UAS advocates can seek to ensure sufficient access to spectrum,” Francis says.

As stated in the IGS report, “The market is nascent and new technologies will be rapidly adopted once the appropriate regulatory context is in place.” This regulatory context will include ensuring sufficient access to the spectrum that this transformative technology requires. VS

Joanne Wheeler is a partner at Bird & Bird specializing in commercial contracts and regulatory advice for the space industry, and co-chair of the Satellite Finance Network.

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