Tag: waiver

  • FCC approves use of Galileo for non-federal official use

    FCC approves use of Galileo for non-federal official use

    The U.S. Federal Communications Commission (FCC) granted in part the European Commission’s request for a waiver of the commission’s rules so that non-federal devices in the United States may access specific Galileo signals. While private users were free to use the European GNSS, with this ruling entities such as telecommunications companies can now also use Galileo.

    FCC logoWith today’s action, consumers and industry in the United States will now be permitted to access the E1 and E5 Galileo signals to augment GPS.

    Since the debut of the first consumer handheld GPS device in 1989, consumers and industry in the United States have relied on the U.S. GPS to support satellite-based positioning, navigation, and timing (PNT) services that are integral to everyday applications ranging from driving directions to precision farming.

    The order, approved Nov. 15, finds that Galileo is uniquely situated as a foreign GNSS system with respect to the U.S. GPS, since the two systems are interoperable and radiofrequency compatible pursuant to the 2004 European Union/United States Galileo-GPS Agreement.

    Specifically, the order permits access to two of the Galileo system’s satellite signals — the E1 signal that is transmitted in the 1559-1591 MHz portion of the 1559-1610 MHz Radionavigation-Satellite Service (RNSS) frequency band, and the E5 signal that is transmitted in the 1164-1219 MHz portion of the 1164-1215 MHz and 1215-1240 MHz RNSS bands. These are the same RNSS bands in which the U.S. GPS satellite signals operate.

    The order does not grant access to the Galileo E6 signal, which is transmitted over the 1260-1300 MHz frequency band, since this band is not allocated for RNSS in the United States or used by the U.S. GPS to provide PNT services.

    The commission noted that granting access to the Galileo E6 signal could constrain U.S. spectrum management in the future in spectrum above 1300 MHz, where potential allocation changes are under consideration.

  • New FAA rules for small unmanned aircraft now in effect

    The first operational rules for routine commercial use of small unmanned aircraft systems, announced June 21, officially take effect today.

    “People are captivated by the limitless possibilities unmanned aircraft offer, and they are already creating business opportunities in this exciting new field,” said U.S. Transportation Secretary Anthony Foxx. “These new rules are our latest step toward transforming aviation and society with this technology in very profound ways.”

    “The FAA’s role is to set a flexible framework of safety without impeding innovation,” said Administrator Huerta, Federal Aviation Administration (FAA). “With these rules, we have created an environment in which emerging technology can be rapidly introduced while protecting the safety of the world’s busiest, most complex airspace.”

    The provisions of the new rule — formally known as Part 107 — are designed to minimize risks to other aircraft and people and property on the ground. A summary is available.

    Effective today, the FAA has several processes in place to help users take advantage of the rule:

    Waivers. The agency is offering a process to waive some of the rule’s restrictions if an operator demonstrates the proposed flight will be conducted safely under a waiver. Users must apply for these waivers at the online portal.

    The FAA is issuing more than 70 waivers today, based on petitions for Section 333 exemptions. These waivers will be posted on September1. The majority of the approved waivers were for night operations under Part 107.

    Airspace Authorization. Users can operate their unmanned aircraft in Class G (uncontrolled) airspace without air traffic control permission. Operations in Class B, C, D and E airspace need air traffic approval. Users must request access to controlled airspace via the electronic portal at www.faa.gov/UAS.

    The FAA will evaluate airspace authorization requests using a phased approach. Operators can submit their requests starting today, but air traffic facilities will receive approved authorizations, if granted, according to the following tentative schedule:

    • Class D & E Surface Area: Oct. 3, 2016
    • Class C: Oct. 31, 2016
    • Class B: Dec. 5, 2016

    The FAA will make every effort to approve requests as soon as possible, according to the agency, but the actual processing time will vary, depending on the complexity of an individual request and the volume of applications the FAA receives. The agency is urging users to submit requests at least 90 days before they intend to fly in controlled airspace.

    The FAA will use safety data from each phase to ensure appropriate mitigations are in place as small UAS operations are integrated into controlled airspace.

    Aeronautical Knowledge Test. Testing centers nationwide can now administer the Aeronautical Knowledge Test required under Part 107. After an operator passes the test, he or she must complete an FAA Airman Certificate and/or Rating Application to receive a remote pilot certificate.

    It may take up to 48 hours for the website to record that the applicant has passed the knowledge test. The FAA expects to validate applications within 10 days. Applicants will then receive instructions for printing a temporary airman certificate, which is good for 120 days. The FAA will mail a permanent Remote Pilot Certificate within 120 days.

    In the future, the FAA also will address operations not covered by Part 107 without a waiver, including operations over people, beyond line of sight operations, extended operations, flight in urban areas, and flight at night.

    Part 107 does not apply to model aircraft. Model aircraft operators must continue to satisfy all the criteria specified in Section 336 of Public Law 112-95 (which is now codified in part 101), including the stipulation they be operated only for hobby or recreational purposes. Click here for more information on hobby or recreation uses.

  • FAA clarifies changes before small drone rule takes effect

    The Federal Aviation Administration’s (FAA) new small drone rule — formally known as Part 107 — is effective on Monday, Aug. 29. The FAA has released information to help drone users understand the new requirements.

    Below is information on Part 107’s effect on Section 333 waivers, along with how to obtain a Part 107 waiver.

    Section 333 vs. Part 107: What works for you?

    The biggest question is whether you are better off flying under the provisions of Part 107, or should continue using your existing exemption? The video below explains what happens to your Section 333 exemption grant or petition for exemption.

    Your exemption is valid until it expires — usually two years after it was issued. Even after Part 107 becomes effective, you may choose to fly following the conditions and limitations in your exemption.

    However, if you want to operate under the new Part 107 regulations, you’ll have to obtain a remote pilot certificate and follow all of the rule’s operating provisions. You must apply for a waiver if some parts of your operation don’t meet the rule’s requirements.

    If you already have a Certificate of Waiver or Authorization (COA) under your Section 333 exemption, you can continue to fly under the COA limitations until it expires. If you don’t already have a COA, you probably won’t need one when the new drone rules go into effect.

    However, if you want to fly in controlled airspace, you will need permission from FAA air traffic control. Details about obtaining that permission will be online at www.faa.gov/uas when the small drone rule is effective on Aug. 29.

    If you applied for a Section 333 exemption but haven’t received it yet, you should have received a letter from the FAA with specific information about the status of your petition. Generally, if your petition is pending and falls within the provisions of the rule, you should follow the steps outlined in the rule.

    Whether you choose to fly under your exemption or under the new small drone rule is your choice, depending on how you want to operate your aircraft. You’ll have to compare the conditions and limitations in your exemption to the operating requirements in the rule to determine which one best addresses your needs.

    Applying for a waiver under the new drone rules

    Part 107 allows for some expanded operations based on technology mitigations if you can make the safety case for a waiver of some provisions. Operators can apply for waivers to operate at night, beyond line of sight, above 400 feet and other specific types of operation.

    Here’s what you need to know about the waiver process:

    • Under Part 107, you may request a waiver of certain provisions starting Aug. 29 if your operations don’t quite fit under the rule’s provisions. On Aug. 29, the FAA will have an online portal you can use to request waivers of applicable Part 107 regulations at www.faa.gov/uas.
    • The FAA won’t grant waivers automatically, and processing your waiver request may take time. The exact length of time will depend on the volume of requests the agency receives and the complexity of the waiver application. You should submit your waiver requests to the FAA as early as possible, at least 90 days before you plan to fly.
    • If you have a Section 333 exemption grant, and we previously said you could operate under Part 107 with a waiver, you will receive a letter notifying you that we have granted you a 0waiver or that we need additional information for you to make your safety case. (See above section.)

    Information on the regulations potentially eligible for a waiver is here. Below is a short video on the waiver process.