Unleashing Drone Dominance: The FCC Perspective and Request for Comments

The Wireless Telecommunications Bureau (WTB) and Office of Engineering and Technology (OET) of the Federal Communications Commission (FCC) on April 1, 2026, issued a Public Notice seeking specific comments on several actions that the agency is considering, all in the interest of advancing U.S. drone dominance.¹ The Public Notice emphasizes the Trump Administration's priority of its America-first agenda with regard to advanced technologies in aviation, as it mentions manufacturing and operations of both unmanned aircraft systems (UAS) and electric Vertical Takeoff and Landing (eVTOL) aircraft. The Notice reiterates the administration's objective of ensuring U.S. leadership with regard to drones, as it states, "U.S. drone leadership not only as an economic imperative but … a cornerstone of our national security, technological sovereignty, and global competitiveness."²

In the interest of prompting even further development of UAS concepts, the Public Notice seeks input on government investment in the UAS industry. As an example, the Notice includes the idea that use of the Enhanced Competition Incentive Program for UAS, even though the program was designed to incentivize wireless competition and rural broadband by incentivizing license holders to share spectrum with small carriers and Tribal Nations.³ Though the Notice contains technical details concerning other FCC regulations and decisions, its overarching message is that the FCC intends to remove barriers to drone development and operation while prompting even further growth of the industry in the U.S.

FCC Regulations and Drones

The FCC's Public Safety and Homeland Security Bureau has long maintained a list of equipment and services (Covered List) that "pose an unacceptable risk to the national security of the United States or the security and safety of United States persons." On December 22, 2025, upon receipt of a national security determination, the FCC added foreign-produced UAS and UAS critical components to its Covered List, except those determined by the U.S. Department of War (DOW) or U.S. Department of Homeland Security (DHS).⁴ As a result of this decision and the addition of the items to the FCC Covered List, such devices are ineligible for receiving FCC equipment authorization.

Most radio frequency devices generally require FCC equipment authorization prior to importation, marketing or sale in the U.S. Devices or equipment listed on the FCC Covered List are prohibited from receiving new equipment authorizations. Accordingly, inclusion on the FCC Covered List generally precludes most radio frequency devices, including wireless transmitters, which do not already have equipment authorizations from entering the U.S. market.

Upon a subsequent determination from the DOW that certain UAS and UAS critical components did not pose "unacceptable risks," the FCC updated its Covered List to reflect that determination.⁵ In particular, UAS and UAS critical components included on the Defense Contract Management Agency (DCMA) Blue UAS Cleared List are exempt from the Covered List, based on the January 7, 2026, FCC update. Such UAS are subject to rigorous review and oversight of the DCMA to ensure their technology complies with hardware, software, supply chain and data privacy standards. Similarly, the January 7, 2026, FCC update exempted from the Covered List UAS or UAS critical components that fulfill the Buy American standard. To fulfill such criteria, the article must be manufactured in the U.S. and, for end products that are not wholly or predominantly iron or steel or a combination of both, the cost of domestic components delivered in calendar years 2024 to 2028 must exceed 65 percent of the cost of all the components.⁶ 

FCC Request for Comments

In its April 1, 2026, Public Notice, the FCC's WTB and OET specifically solicit comments on potential changes the FCC might make to its own processes to ensure procedures and oversight to not delay development, marketing or sale of UAS in the U.S. Comments and reply comments to the Public Notice are due May 1 and 18, 2026, respectively. Topics about which the FCC seeks input are:

• ideas for alleviating unnecessary regulatory burdens that frustrate drone deployment, including commission rules or policies such as siting or device certification, which may create friction for the growth of a competitive, secure and innovative domestic drone ecosystem
• ways to ensure American drone manufacturers and users have access to sufficient spectrum for drone testing and operations, including services to the public
• means by which to facilitate and encourage U.S. firms' investment in drone capabilities, developing infrastructure, and offering innovative and advanced capabilities
• approaches to ensure U.S.-based manufacturers and trusted suppliers have sufficient clarity concerning regulatory requirements, as well as technical access needed to scale production and secure investment
• means by which effective coordination can occur among federal agencies to align spectrum policies with national security imperatives and reduce the risk posed by untrusted foreign-origin UAS operating in U.S. airspace
• ideas for streamlining experimental licensing rules to facilitate more agile testing of UAS communications systems – including beyond visual line of sight links, command and control systems, detect-and-avoid technologies, and secure navigation tools – cross a broader range of spectrum bands
• how to establish additional dedicated drone innovation zones or testbeds, in partnership with federal, state, academic or private entities, and streamlining authorizations to help spur early-stage experimentation and commercialization⁷

FCC Equipment Authorizations

The Public Notice provides specific questions and scenarios that address certain challenges that the Trump Administration perceives might exist in pursuing U.S. drone dominance. For example, to cut through red tape, the FCC asks whether it should consider issuing a "blanket experimental authorization for qualified drone developers operating within specified frequency bands and safety parameters."⁸ As an example, the FCC seeks comment about a potential modular "plug-and-play" approach – where applicants can select from a set of preapproved use cases, frequency bands and technical standards in the interest of streamlining approvals "while preserving necessary safeguards against harmful interference."⁹ To further enable innovation at a fast pace, the FCC asks whether it should allow more flexible use of temporary and special temporary authority grants for UAS innovation, such as in "public-private testbeds and emerging drone corridors."¹⁰

The FCC also specifically requests input on potential use of experimental licensing as a solution, especially with regard to enabling testing of "certain Counter-UAS technologies under controlled conditions."¹¹ The agency acknowledges that its current rules limit Counter-UAS for only the purpose of research and development rather than for operational mitigation or enforcement. The agency invites comment on potential changes that it could promulgate to address such limitations.

Availability and Use of Spectrum

On the subject of available spectrum, as shown in the questions above, the FCC appears focused on ensuring access to sufficient spectrum exists, particularly for drone testing and operations. Though not usually an issue for short UAS flights that occur within visual line of sight, operations that may occur beyond visual line of sight will require stable links between the unmanned aircraft and its control station. Given that the Federal Aviation Administration (FAA) is poised to move forward with a rule to enable beyond visual line of sight operations on a routine basis, the FCC's focus on ensuring reliable availability of spectrum is consistent with enabling UAS operations that can safely occur beyond visual line of sight.¹²

Most drones in the U.S. have relied on unlicensed spectrum, which consists of the same frequencies used by many consumer devices such as Wi-Fi. Use of such bands is popular due to their relatively high-power output capability and wide bandwidth for high-definition broadband transmission; however, such unlicensed bands are susceptible to interference from other users. Given the concern about interference and general availability, the FCC seeks comment on the ongoing viability of the unlicensed bands for UAS operations.

Availability of licensed spectrum, on the other hand, is generally a concern to the FCC because operation of UAS remains prohibited in many flexible-use bands. For example, even though the FCC states the Citizens Broadband Radio Service, which is a 150 MHz wide spectrum band (3550-3700 MHz) in the 3.5 GHz range and authorized for shared commercial use, "can technically support private LTE/5G networks for drones." Its use is currently prohibited under 47 C.F.R. Part 96.¹³ By way of background, the FCC allocated the 5030-5091 MHz band for aeronautical mobile route service to support UAS control links in August 2024, when it adopted service rules under new 47 C.F.R. Part 88 to allow operators to obtain direct frequency assignments in a portion of the band for operations not on a network.¹⁴ The FCC describes its 2024 decision as an interim access mechanism to provide "temporary access to 20 megahertz (5040-5060 MHz) through FAA coordination and FCC registration." The FCC characterizes this approach as "a medium-term solution," wherein it specifies use of a dynamic frequency management systems that provide operators with temporary frequency assignments to support UAS control link communications in response to requests for such use. The FCC and FAA coordinate in response to such requests to determine the level of reliability suitable for operations in controlled airspace and other safety-critical circumstances. The FCC's April 1, 2026, Public Notice states that "longer term, the FCC anticipated a final band plan including both networked and non-networked services."¹⁵

In addition, the FCC is mindful of the U.S. Congress' direction to enable robust counter-UAS testing in a manner that complies with existing practical considerations for use of spectrum. Consistent with the provisions of the National Defense Authorization Act (NDAA) for fiscal year (FY) 2026, the FCC seeks comment on how it might facilitate spectrum access in support of counter-UAS joint and service training, testing and experimentation. Specifically, the FCC is aware that Sections 227 and 1048 of the FY 2026 NDAA address counter-UAS development and, in its April 1, 2026, Public Notice, states that it seeks to assist with ensuring testing and development can occur.

Similarly, the FCC's April 1, 2026, Public Notice indicates the agency is open to considering ideas for updating its rules concerning use of specific frequency ranges. The FCC is aware of the ongoing legal and policy advancements of the federal government to enable operations of eVTOL and now states it is considering the 450 MHz band, pursuant to a petition for rulemaking "to support long-range links and flexible use."¹⁶ Overall, with regard to availability of adequate and appropriate spectrum, the agency appears positioned to take action to modernize its rules or perhaps adopt an approach in which it can ensure that lack of available spectrum does not stymie research and development of counter-UAS or safe aviation operations, in general.

Additional Updates

The FCC has issued other updates regarding UAS since adding foreign-produced UAS and UAS critical components to the FCC Covered List.

Permissive Changes to Software or Firmware

On January 21, 2026, the OET released a Public Notice allowing changes to software or firmware in UAS or UAS critical components, subject to certain criteria.¹⁷ Specifically, the Notice announced a waiver of prohibitions against certain software or firmware updates that otherwise may have required modifications or permissive changes to existing equipment authorizations under 47 C.F.R. §§ 2.932(b) and 2.1043(b), respectively, to the extent that such software and firmware updates "mitigate harm to U.S. consumers for UAS and UAS critical components authorized prior to" the addition of all foreign-made UAS and foreign-made UAS critical components to the FCC's Covered List as of December 22, 2025.¹⁸ Permissible updates include all software and firmware updates that will ensure uninterrupted functionality of the devices; as examples, the Public Notice lists patching of vulnerabilities and other actions that facilitate compatibility with distinct operating systems.

Title 47 C.F.R. § 2.932 (modification of equipment) generally requires the filing of a new application for an equipment authorization "whenever there is a change in the design, circuitry or construction of an equipment or device for which an equipment authorization has been issued."¹⁹ Though an exception from the requirement applies to certain permissive changes, that exception is generally not applicable to equipment prohibited from any sort of new or modified authorization pursuant to Section 2.903, such as foreign-made UAS and foreign made UAS critical components. The OET decision on January 21, 2026, however, waived this criterion and allows proponents to use the exception codified at Section 2.932(b) and, thus, make the appropriate updates.

Similarly, 47 C.F.R. § 2.1043 (changes in certificated equipment) requires the filing of a new application for an equipment authorization upon the occurrence of changes to the basic frequency determining and stabilizing circuitry or other specific types of alterations to circuitry or frequency attributes. This requirement for a new authorization is normally subject to certain exceptions, including three classes of permissive changes, but these exceptions do not generally apply to a device on the Covered List. As with Section 2.932, the OET decision on January 21, 2026, waived this limitation to allow for the possibility of Class I permissive changes as described in Section 2.1043 for foreign-made UAS and UAS critical components.

OET based its decision on circumstances that the office determined "warrant a deviation from the general rules."²⁰ OET further found that the public interest favored waiving prohibitions on Class I permissive changes in these circumstances. The office characterized the December 22, 2025, Covered List addition as distinct and stated it warranted a limited waiver of FCC rules established in October 2025 regarding the limitations on permissive changes for equipment on the Covered List. OET described this waiver as necessary due to the potential need for particular safety and security features regarding the continued operation of UAS. The OET decision also states that because the waiver will sunset on January 1, 2027, the potential harm to the public interest is limited.

Conditional Approvals

With its implementing guidance on January 7, 2026, the FCC provided a listing of factors that DOW or DHS may consider in evaluating whether to grant a conditional approval for a foreign-produced UAS or UAS critical component to receive equipment authorization, notwithstanding the applicability of the FCC Covered List.²¹ Based on this guidance, which involves entities' submission of detailed information about their corporate structure, manufacturing and supply chain, and their U.S. manufacturing and onshoring plan, the FCC announced on March 18, 2026, that it had issued its first batch of conditional approvals for four distinct foreign-produced UAS or UAS critical components. This finding resulted from a third National Security Determination that those four UAS devices do not pose "unacceptable risks."²²

Conclusion and Key Takeaways

In the evolving environment of advanced air mobility, UAS operations, and counter-UAS testing and development, the federal government appears to remain committed to ensuring it does not curtail ideas for lawful use of novel aircraft and operations of such aircraft or defense concepts. The FCC's April 1, 2026, Public Notice indicates the agency is receptive to solutions that include and perhaps defer to industry ideas, at least in a testing environment. Interested stakeholders should remain aware of this receptivity in planning and taking action in furtherance of these opportunities and should consider submitting a comment in response to the Public Notice. Though FCC response or rulemaking is not guaranteed in response to such comments, industry stakeholders should take advantage of the opportunity to present solutions to address the challenges the FCC articulated, especially concerning availability of spectrum and issuance of equipment authorizations for UAS.

Notes

¹ FCC Seeks Comment on Unleashing American Drone Dominance, Public Notice DA-26-314A1.

² Id.

³ Id. at 9.

⁴ "FCC Adds All Foreign-Made Drones and Critical Components to the Covered List," Holland & Knight alert (Dec. 23, 2025).

⁵ "FCC Exempts Certain Drones from Covered List," Holland & Knight alert (Jan. 13, 2026).

⁶ 48 C.F.R. § 25.101(a).

⁷ FCC Seeks Comment on Unleashing American Drone Dominance, Public Notice DA-26-314A1 at 2 (April 1, 2026) (citing FCC Announces Two New Innovation Zones and Amends One Existing Innovation Zone for Program Experimental Licenses, ET Docket No. 19-257, Public Notice, 36 FCC Rcd 12866 (OET 2021)).

⁸ Id. at 6.

⁹ Id.

¹⁰ Id.

¹¹ Id.

¹² "Drone Beyond Line of Sight Proposed Rule: Top 10 Things You Need to Know," Holland & Knight alert (Aug. 6, 2025).

¹³ FCC Seeks Comment on Unleashing American Drone Dominance, Public Notice DA-26-314A1 at 6 (April 1, 2026).

¹⁴ Spectrum Rules and Policies for the Operation of Unmanned Aircraft Systems, 90 Fed. Reg. 1380 (Jan. 8, 2025).

¹⁵ FCC Seeks Comment on Unleashing American Drone Dominance, Public Notice DA-26-314A1 at 4 (April 1, 2026).

¹⁶ FCC Seeks Comment on Unleashing American Drone Dominance, Public Notice DA-26-314A1 at 5 (April 1, 2026).

¹⁷ Office of Engineering and Technology Announces Waiver of Prohibitions on Certain Class I Permissive Changes to Covered UAS and UAS Critical Components (Jan. 21, 2026).

¹⁸ Id.

¹⁹ 47 C.F.R. § 2.932(a).

²⁰ Office of Engineering and Technology Announces Waiver of Prohibitions on Certain Class I Permissive Changes to Covered UAS and UAS Critical Components, DA-26-69A1.pdf at 2 (Jan. 21, 2026).

²¹ "FCC Exempts Certain Drones from Covered List," Holland & Knight alert (Jan. 13, 2026); Guidance on Submissions for Conditional Approval for Uncrewed Aircraft Systems (UAS) and UAS Critical Components Produced in Foreign Countries Subject to the FCC's Covered List, FCC (Jan. 7, 2026).

²² Public Safety and Homeland Security Bureau Announces Conditional Approval of Certain Uncrewed Aircraft Systems (UAS) and UAS Critical Components and Exemption from Covered List, WC Docket No. 18-89, Public Notice, DA 26-253 (March 18, 2026). The FCC Covered List update includes language exempting "devices which have been granted a Conditional Approval by DoW or DHS." FCC, List of Equipment and Services Covered By Section 2 of The Secure Networks Act.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.