Autonomous Akin Update - August 2024

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Akin Gump Strauss Hauer & Feld LLP

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Our newsletter reflects the focus of Akin's cross-practice autonomous systems and advanced mobility team on developments in the regulatory, policy, trade, intellectual property, and cybersecurity and privacy spaces.
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Our newsletter reflects the focus of Akin's cross-practice autonomous systems and advanced mobility team on developments in the regulatory, policy, trade, intellectual property, and cybersecurity and privacy spaces. Autonomous Akin brings you the latest news and developments so that you can keep a pulse on what is happening in government and industry that is impactful for your business. For our new readers, you can subscribe to future issues of this newsletter here.

In this late summer edition, we'd like to call your attention to several big developments with respect to federal regulation of uncrewed aircraft systems (UAS). Just before Labor Day, the Federal Communications Commission released long-awaited rules for uncrewed flight using 5 GHz spectrum. We've included a brief write-up on the new rules below, and you are more than welcome to reach out to us with any questions as you navigate this new framework. Also of note, the House of Representatives passed the Countering CCP Drones Act, which would place drone maker DJI on the FCC's "Covered List." Covered entities are unable to obtain FCC equipment authorization, which is required to import, market, or sell equipment that emits radiofrequency in the U.S. This would hamstring DJI's ability to market new products, likely with far-reaching impacts given DJI's outsized market share in the United States. More on this development is below. Thank you, as always, for reading!

In this Issue

  • Akin Spotlight
  • Updates from Washington
  • Industry News
  • Akin Thought Leadership
  • Events

Akin Spotlight

FCC Adopts Rules for Drone Operations in the 5 GHz Spectrum Band

The Federal Communications Commission (FCC) recently adopted rules that will support initial drone operations in the 5 GHz spectrum band. Citing the growing use of UAS, the FCC developed these rules to enable wireless communications that are necessary for the safe operation of UAS flights.

The rules specifically establish initial service rules allowing operators to apply for direct frequency assignments in the central portion of the 5030-5091 MHz band for non-networked operations. While the FCC did not adopt all the proposed changes from its earlier Notice of Proposed Rulemaking (NPRM) on this topic, it does focus on non-networked access control links to allow for low-cost spectrum access for direct ground-to-air UAS control communications within radio line of sight. To do so, the FCC outlines a dynamic frequency management system that will manage the temporary use of frequency and assignment of frequencies based on the UAS operator's flight plan.

While the dynamic frequency management system is being developed, an operator seeking to transmit in this band will first have to submit a request to the Federal Aviation Administration (FAA), and once approved, complete and submit an online registration form with the FCC.

The adopted rules, approved by the full Commission excepting Commissioner Anna Gomez (who did not participate in the vote), can be found here.

Updates from Washington

On the Hill

U.S. House Approved DJI Drone Ban Bill – Commercial UAV News

"Efforts to restrict or ban Chinese-made drones in the US took a step forward yesterday with the passage of the Countering CCP Drones Act in the US House of Representatives. The bill, which received bipartisan support, would add DJI to the Federal Communications Commission's (FCC) Covered List, meaning that new models of DJI drones would be effectively prohibited from operating on communications networks in the US. Introduced by Representative Elise Stefanik (R-NY), the bill will now move to the Senate, where it will be reviewed and possibly added to the Senate version of the 2025 National Defense Authorization Act (NDAA)."

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In the Executive Branch

Lisa Ellman Appointed to FAA's Aviation Rulemaking Advisory Committee – Drone Life

"The Commercial Drone Alliance (CDA) has announced that its Executive Director, Lisa Ellman, has been appointed to the Aviation Rulemaking Advisory Committee (ARAC). U.S. Department of Transportation Secretary Pete Buttigieg selected Ellman to represent the commercial drone industry for a two-year term. This appointment is significant, as the CDA becomes the first drone organization to participate on the ARAC, highlighting the growing influence of the drone sector in aviation."

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Industry News

Unmanned Aircraft Systems

Britain to Trial Use of Drones in Deliveries, Emergency Services – Reuters

"Britain's aviation regulator has selected six projects, including one by e-commerce giant Amazon, opens new tab, to test the use of drones in deliveries, inspection of infrastructure and emergency services, it said on Thursday. The UK's Civil Aviation Authority (CAA) had said earlier this year that it wanted to permit more drone flying for such uses. Currently drone users in Britain are only permitted to fly beyond the visual line of sight as part of trials with strict restrictions. The projects include Amazon's drone delivery service, called Prime Air, Airspection to carry out inspections of offshore windfarms and Project Lifeline, which aims to deliver medical supplies."

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First-Responder Drone Program May Take Flight in Perrysburg Twp., Rossford – Toledo Blade

"A drone could soon become the first responder to a fire, pursuit, or other emergency situation in Rossford and Perrysburg Township. The communities' police chiefs have been in talks with a Seattle company to bring a first-responder drone to a central part of their area in northern Wood County. This is different than a regular drone in that it could be sent by dispatchers to an emergency call, arriving in seconds."

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China Trials Cargo Drone With Biggest Payload Capacity Yet – Reuters

"Chinese aviation logged a new milestone with a test flight of an unmanned civilian drone capable of carrying up to 3.2 metric tons of cargo, as drone makers trial larger and larger drones in anticipation of future domestic demand. The unmanned SA750U developed by a drone maker based in southern Hunan province completed a 40-minute test flight on Thursday morning, the official Hunan Daily reported on Friday, adding the aircraft can operate as high as 7,300 metres (24,000 feet) and fly as far as 2,200 kms (1,367 miles)."

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Nokia and Swisscom to Deploy Drone Service Across Switzerland – The Star

"Nokia has partnered up with Swisscom to deploy a drones network across Switzerland to improve emergency responses and infrastructure inspection, they said in a joint statement on Thursday. The Finnish telecom gear maker will supply 300 un-manned vehicles that mobile provider Swisscom will operate through a drones-as-a-service (DaaS) network across the country. DaaS is a business model that allows clients to use drones on demand without having to buy or operate them. Swiss public safety agencies such as police or firefighters will be able to request a drone flight from Swisscom Broadcast and access collected data... Nokia and Swisscom said they would cooperate with aviation and spectrum regulators and comply with data protection laws."

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Tourists Scaling the Great Wall Of China Can Now Get Takeout Delivered By Drone – CNN

"Hungry tourists hiking on the Great Wall of China can now get their lunch delivered – from the air. Chinese food delivery giant Meituan says its new drone service, announced last week, will bring food, drinks and other goods such as medical supplies to customers at a farflung section of the ancient monument on the outskirts of Beijing."

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A2Z Rolls Out Delivery 'Drone-Network-As-A-Service' Offering – Freight Waves

"California-based A2Z Drone Delivery on Monday launched a suite of autonomous drone docks — portable or permanent sites where drones can charge and pick up or drop off packages, with no human interaction. Accompanying the firm's new AirDock offering, which comes in four configurations, is a companion drone specially designed to integrate with the system."

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IKEA Employees Are Getting New AI Drone Coworkers in the U.S. – Gizmodo

"IKEA plans to introduce autonomous AI-enabled drones in its Perryville, Maryland, distribution center, according to a press release Friday. And while the Swedish company has been experimenting with drones globally since 2021, this is the first time those UAVs are going to be working alongside IKEA workers in the U.S. to do inventory checks and reduce the physical strain on human workers."

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Drones Successfully Fly Blood Packs in Longest Ever BVLOS Flights in UK First – UAS Vision

"Blood packs have been successfully flown by drone in a series of 'beyond visual line of sight' flights, for the first time in the UK. In a research study to check the viability of flying blood via drone, run jointly by NHS Blood and Transplant (NHSBT) and medical logistics company Apian, ten units of packed blood cells were transported on a 68 km journey across Northumbria's skies, while an identical ten packs were transported via road."

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'We Don't Stop For Red Lights': Drone Deliveries Take Off As Australian Regulators Prepare For Air Traffic Boom – The Guardian

"Widespread reliance on drones may seem years off but industries from food delivery to agriculture are already putting the unmanned aerial vehicles to work across Australia. As regulators prepare for new uncrewed traffic, technology companies are exploring ways around connection black spots, to prevent drones dropping out of the sky."

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UK's First Drone Mail Service Extended in Orkney – BBC News

"The UK's first commercial drone mail service, in Orkney, is to be extended to 2026, it has been announced. The Orkney I-Port operation was launched by Royal Mail and drone firm Skyports in August last year. The electric drones take letters and parcels between islands, where staff then complete their usual delivery routes."

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