UPDATES IN THE U.S. 5G C-BAND LAUNCH SAGA
February 3, 2022
On January 18, 2022, AT&T and Verizon agreed to temporarily defer turning on a limited number of towers around certain airport runways as they continue to work with the aviation industry and the Federal Aviation Administration (“FAA”) to determine ways for airplane equipment and 5G signals to coexist safely. Pursuant to an agreement between the U.S. airline industry, the FAA, the U.S. Department of Transportation (“DOT”), and communications companies AT&T and Verizon Communications, the launch of 5G services in the U.S. around 50 designated airports has been restricted for a period of six months in order to address airline industry and DOT/FAA concerns that the 5G signals may interfere with certain safety equipment used to take off and land in inclement weather. Rollout of 5G technology in all areas outside of the 50 designated airports or “buffer zones” launched on January 19, 2022.
In preparation of the launch of 5G services, FAA prohibited certain instrument based flight operations at a number of affected US airports for certain aircraft types and issued aircraft specific guidance. For example, FAA announced that it would require operators of Boeing 787s to take additional precautions when landing on wet or snowy runways at airports where 5G C-band service is deployed, as safety experts determined that 5G interference with the aircraft’s radio altimeter could prevent engine and braking systems from transitioning to landing mode. FAA also issued two new Airworthiness Directives (“ADs”) revising the landing requirements for Bowing 737 MAX airplanes, and prohibiting Boeing 747-8, 747-8F and 777 airplanes from landing at airports where 5g interference could occur, links to both AD’s can be found here. FAA also approved a number of airplane models to perform low-visibility landings at many of the airports where 5G C-band is now deployed, including some Boeing 717, 737, 747, 757, 767, 777, 787, MD-10/-11 and all Airbus A300, A310, A319, A320, A321, A330, A340, A350, and A380 models. FAA also issued 1,500 Notices to Air Missions (NOTAMs) at over 1,300 airports to warn that aircraft with untested altimeters or that need retrofitting or replacement will be unable to perform low-visibility landings where 5G is deployed. A link to FAA’s website where all 5G related NOTAMs have been published can be found here.
In regard to the 50 designated U.S. airports where buffer zones will be implemented, 5G equipment in the buffer zones will be operated at a lower power than usual for the next six months and 5G signals will be restricted around landing runways to protect the last 20 seconds of flight. The 50 designated airports are generally the bigger and busier U.S. airports and U.S. airports that are known for low visibility including JFK, DFW, EWR, ORD, IAH, LAS, LAX, LGA, MIA, SEA, etc.
The FAA has noted in a recent press release, available here, that many airports that are not listed as one of the 50 designated airports where 5G deployment will not take place for the next six months are not currently and will not be affected by 5G deployment. This is because these airports are not in the 46 markets where the new 5G service will be deployed and/or are airports that do not have the ability to allow low-visibility landings.
The FAA has also been made aware of the European Union Aviation Safety Agency (EASA) guidance published on 5G and has been in discussions with EASA on the 5G issue in general. According to FAA, because its ADs (2021-23-12 and 2021-23-13) apply only to N-registered aircraft operating in U.S. airspace; aircraft operating outside the U.S. or of foreign registry are not subject to its ADs. The FAA also notes that the State of Registry (SoR) authority for foreign registered aircraft may decide to adopt the FAA’s ADs, or issue their own ADs, which could affect each specific aircraft in question, therefore, FAA recommends that foreign air carriers check with their SoR authority. Nonetheless, foreign registered aircraft flying into U.S. airspace are subject to the NOTAMs that FAA issues in support of its ADs. NOTAMs will be maintained to identify locations with 5G C-band base station deployments. FAA has also recommended that all operators and pilots take certain actions in preparation of the deployment of 5G C-Band service in its Special Airworthiness Information Bulletin (SAIB), and its December 23, 2021, Safety Alert for Operators (SAFO).
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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