5G UPDATE: FAA ISSUES CANIC ON ONGOING ACTIVITIES, NPRM TO SUPERCEDE AD 2021-23-12
June 7, 2023
On May 23, 2023, the FAA issued a Continued Airworthiness Notification to the International Community (“CANIC”) on FAA’s ongoing activities related to interference from 5G C-Band wireless broadband to air operations and various aircraft. The CANIC is applicable to all operators of transport and commuter category aircraft equipped with radio altimeters and is a follow-up to FAA’s December 2021 Airworthiness Directives (“AD 2021-23-12” or “AD”) requiring helicopter operators and passenger carrying aircraft to prohibit certain operations necessitating the use of radio altimeter data when 5G wireless transmissions are present through revisions to aircraft flight manuals prohibiting operations in areas where there could be potential 5G interference. The FAA then expanded its AD in January 2022 by issuing a proposed rulemaking to require aircraft modifications to mitigate safety risks in areas where increased 5G frequencies have been or will be deployed (i.e., the FAA’s required aircraft retrofits).
In the new CANIC, FAA reiterated that it issued its AD and the subsequent proposed rulemaking in an effort to address purported unsafe operating conditions related to the deployment of additional 5G frequencies, which FAA notes could cause a loss of continued safe flight and negative impacts to landings. FAA also noted that since it issued its AD, it has managed deployment of 5G transmitters through a monthly 5G deployment evaluation process, allowing 5G deployment to move forward along with the help of voluntary agreements with the telecommunications industry.
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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