FCC Seeks Public Input on Spectrum and Licensing Reforms to Support U.S. Drone Industry
FCC Seeks Input on U.S. Drone Industry Development
The Federal Communications Commission (FCC) has issued Public Notice DA 26-314, inviting feedback from the drone industry, investors, and defense stakeholders on how to enhance the United States’ position in the global drone market. Comments are due by May 1, with reply comments accepted until May 18. This notice, titled “Unleashing American Drone Dominance,” was released by the FCC’s Wireless Telecommunications Bureau (WTB) and Office of Engineering and Technology (OET).
Key Areas of Inquiry
The public notice addresses six key policy areas:
- Spectrum access
- Experimental licensing
- Testbeds and innovation zones
- Counter-UAS regulatory barriers
- Federal coordination
- Market-based investment incentives
The FCC has posed specific technical questions regarding each area, indicating a structured approach rather than a general call for ideas.
Spectrum Access Challenges
Currently, most U.S. drones operate on unlicensed frequencies, specifically the 2.4 GHz and 5.8 GHz bands, which are congested and not ideal for the precision control needed for Beyond Visual Line of Sight (BVLOS) operations. The FCC is exploring the possibility of transitioning to licensed spectrum, particularly the 5030–5091 MHz band, which has been discussed as a potential solution. Initial service rules for this band were established in 2024, but implementation steps are still pending.
Experimental Licensing and Innovation Zones
The FCC acknowledges that its experimental licensing process is slow and is considering creating a dedicated UAS experimental license category to expedite approvals. Additionally, the agency is evaluating the capacity of its Aerial Experimentation and Research Platform for Advanced Wireless (AERPAW) testbed and the potential for new innovation zones focused on defense and commercial UAS development.
Counter-UAS Regulations
Counter-UAS systems face legal challenges due to Section 333 of the Communications Act of 1934, which prohibits interference with licensed radio communications. The FCC is seeking input on how to address this barrier and whether to differentiate between research and operational uses of Counter-UAS technologies.
Progress and Future Directions
Since January 2025, the FCC has granted 227 UAS experimental approvals, marking a 68 percent increase compared to the previous four years. This includes eight Counter-UAS approvals, which FCC Chair Brendan Carr noted as a significant step in promoting U.S. drone leadership.
The public notice builds on two executive orders from June 2025 aimed at prioritizing domestic UAS production and reducing reliance on foreign systems. The FCC’s December 2025 decision to include all foreign-produced drones on its Covered List was a notable implementation of these directives.
Implications for the Drone Industry
The FCC’s inquiry into spectrum access and Counter-UAS regulations highlights ongoing challenges within the drone industry. The agency’s efforts to streamline processes and address legal barriers could significantly impact the development of a robust domestic drone supply chain. However, the timeline for implementing these changes remains uncertain, particularly with the current exemption window set to close on January 1, 2027.
As the FCC navigates this complex landscape, the outcomes of the comment period and subsequent rulemaking will be critical in determining the future of U.S. drone manufacturing and regulatory frameworks.