Federal Agencies Accelerate Implementation of SAFER SKIES Act for Enhanced Aviation Safety

Federal Government Expands State and Local Counter-Drone Authority

This week, the federal government took significant steps to enhance state and local counter-drone capabilities as the Department of Homeland Security (DHS), Department of Justice (DOJ), and Federal Communications Commission (FCC) released a coordinated package of actions aimed at implementing the SAFER SKIES Act.

New Regulatory Framework Established

Central to this initiative is an Interim Final Rule published by DHS and DOJ, which outlines the regulatory framework for state, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies to conduct authorized counter-unmanned aircraft system (C-UAS) operations. Public comments on the rule are being accepted until September 6.

The SAFER SKIES Act expanded counter-UAS authority beyond a limited number of federal agencies, allowing trained SLTT law enforcement and correctional agencies to detect, track, disable, or seize drones that pose credible threats to public safety, critical infrastructure, correctional facilities, or major public events. The new rule provides essential details on how these agencies can qualify, the systems they may use, and the operational procedures to follow.

Key Components of the Interim Final Rule

• Establishes training and certification requirements for SLTT agencies.
• Outlines reporting procedures and oversight mechanisms.
• Creates an Authorized Technologies List and an Authorized Systems List to guide deployments.

Additionally, the rule mandates that SLTT agencies using radio frequency-based counter-UAS equipment must obtain FCC authorization, underscoring the importance of the FCC’s concurrent actions.

FCC Actions to Facilitate Implementation

In conjunction with the new rule, the FCC issued four coordinated actions aimed at removing barriers to the implementation of counter-drone capabilities.

The FCC’s most immediate action grants a 180-day blanket Special Temporary Authority (STA) to eligible SLTT agencies under the SAFER SKIES Act, allowing them to use approved counter-UAS systems while longer-term authorization mechanisms are developed. The order also waives certain Commission rules to facilitate these operations.

Furthermore, the FCC’s Office of Engineering and Technology waived several equipment authorization requirements that could hinder manufacturers from importing or marketing approved RF-based counter-UAS systems before receiving traditional FCC equipment authorization. This waiver applies only to systems on the Authorized Systems List and for sale to eligible SLTT agencies.

Legal Clarifications Provided by the FCC

A significant FCC action addresses Section 333 of the Communications Act, which prohibits willful or malicious interference with authorized radio communications. This has raised questions regarding the legality of using counter-UAS technologies by non-federal entities.

The FCC clarified that Section 333 does not apply to the federal government and that non-federal entities acting on behalf of or under the oversight of the federal government may receive derivative immunity from Section 333 liability when conducting authorized counter-UAS operations.

Additionally, the FCC provided clarity for manufacturers and developers, allowing testing of signal-jamming technologies under specified conditions without violating Section 333, thus offering more legal certainty during product development and testing.

Operational Limitations and Future Steps

While these coordinated actions significantly enhance operational capabilities, they do not permit unrestricted counter-drone activities. Agencies must still adhere to federal training and certification requirements, utilize systems on the Authorized Systems List, and comply with operational restrictions established under the SAFER SKIES Act.

The FCC’s fact sheet emphasizes that its actions are designed to support the implementation of the SAFER SKIES Act by clarifying legal authority, providing temporary spectrum access, and enabling lawful testing and operation of counter-UAS technologies.

Conclusion: Transitioning from Policy to Capability

This coordinated rollout represents a milestone in the federal government’s approach to drone security. The SAFER SKIES Act has established new authorities, and recent executive orders have directed agencies to accelerate drone innovation and counter-drone capabilities. The Interim Final Rule and accompanying FCC actions are steps toward operationalizing these policies for state and local agencies.

As the Interim Final Rule is open for public comment until September 6, stakeholders in the drone, public safety, and counter-UAS communities have the opportunity to influence the evolution of this new framework before it is finalized.