5G UPDATE: IATA WARNS THAT AIRLINES ARE UNABLE TO MEET JULY DEADLINE, SUBMITS COMMENTS ON FAA NPRM
March 3, 2023
On February 2, 2023, the International Air Transport Association (“IATA”) sent a letter to DOT and the Federal Aviation Administration (“FAA”) warning that many airlines will be unable to meet and comply with FAA’s July 2023 deadline for the retrofitting of aircraft to meet safety standards prior to the expanded implementation of 5G C-Band service set to take place this summer. IATA noted that it and member airlines remain concerned that potential flight disruptions may occur because airlines “through no fault of their own” are largely unable to meet FAA’s retrofitting deadlines due to supply chain issues, certification delays, and logistical challenges. IATA also proposed a new plan for the retrofitting process, which would involve FAA requesting that aircraft and radio altimeter manufacturers provide a written report on the status of retrofits conducted by carriers, and then using this information to create more realistic timelines for the completion of retrofits. IATA also suggested that FAA encourage all parties to work collaboratively and meet bimonthly to review progress and take any corrective actions needed to ensure the retrofitting process is completed efficiently.
More recently, IATA submitted comments on the FAA’s proposed rulemaking on Airworthiness Directives related to 5G stating that: (1) the proposed rule offers carriers no assurances that all of the telecom companies will continue to abide by the voluntary agreements made with Verizon and AT&T regarding 5G C-Band implementation and that the voluntary agreements should be codified into U.S. law and hold carriers harmless if the telecom companies do not abide by the agreements, (2) carriers are shouldering all of the burden in terms of investing money into retrofitting aircraft to maintain safety, (3) the proposed rule does not adequately address how it would affect Part 129 operators, nor does it detail the FAA’s plans for consulting with foreign regulators to ensure compliance and conformity, (4) FAA should publish radio altimeter anomalies that have occurred near areas where 5G is currently deployed so that carriers can better understand and address potential safety issues, (5) FAA should continue to allow the use of NOTAMs and AMOCs until all aircraft can be retrofitted, (6) FAA should provide updated lists of 5G tolerant radio altimeters, and (7) the proposed rulemaking significantly underestimates the total cost associated with retrofitting aircraft since it is likely to cost around $52,000 per aircraft to upgrade altimeters, or around $80,000 per aircraft for full replacements, while FAA previously estimated that it would only cost around $26,000 per aircraft to complete the upgrades.
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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