FCC Releases Public Notice Seeking Comment on "Unleashing American Drone Dominance"

On April 1, 2026, the Federal Communications Commission's (FCC or Commission) Wireless Telecommunications Bureau (WTB) and Office of Engineering and Technology (OET) released a Public Notice seeking comment on a variety of possible actions that the Commission could take to further American leadership in unmanned aircraft systems (UAS or drone) manufacturing, technology, and use. Chairman Carr identified the Public Notice as the "next major step" in the Commission's efforts to "promote U.S. drone leadership by cutting red tape, modernizing obsolete regulations, and securing a domestic drone supply chain." To that end, WTB and OET seek comment on ways to free up spectrum for UAS, modernize the Commission's UAS licensing framework, provide new options and venues to support UAS and anti-drone defense system (Counter-UAS) testing, and a range of other inquiries designed to reduce bureaucratic friction and encourage American innovation in the UAS and Counter-UAS space. Comments are due May 1, 2026, and reply comments are due May 18, 2026.

Key Takeaways

• WTB and OET position the Public Notice as part of the Commission's ongoing efforts to implement the Trump administration's "American drone dominance" agenda.
• The Public Notice should allow the FCC to build a record on a wide range of topics that could be used to support future rulemaking efforts, waivers, or other actions on delegated authority—without yet committing to any specific regulatory path.
• The Public Notice is focused on both the suitability of existing spectrum resources used for UAS and on whether drones should be permitted to operate more extensively in other spectrum bands, including those used for licensed mobile services.
• WTB and OET also seek comment on ways to facilitate UAS development and deployment through modifications of the Commission's existing experimental licensing process, including the possible addition of a special category of licenses for drones.
• The overall emphasis on eliminating red tape, streamlining processes, flexibility in spectrum allocations and service rules, and market-based approaches to spectrum access tracks the overall policy direction of other recent Commission and Bureau-level actions.

Background

WTB and OET assert that the Public Notice was issued in furtherance of the Commission's efforts to implement the Administration's directives in the Unleashing American Drone Dominance and Restoring American Airspace Sovereignty Executive Orders. These Executive Orders direct federal agencies, including the FCC, to take action to accelerate drone commercialization, expand domestic manufacturing, improve access to the spectrum needed to support advanced UAS operations (e.g., beyond‑visual‑line‑of‑sight (BVLOS)), and tighten restrictions on foreign manufactured drones in sensitive environments.

In December 2025, following a national security determination that such equipment poses unacceptable risks, the FCC added foreign‑produced UAS and UAS critical components to its Covered List of items that "may no longer receive authorization for importation, marketing, or sale in the United States," subject to certain exemptions. The Commission subsequently updated the Covered List in response to a further national security determination and issued "conditional approvals" of four UAS devices after a national security determination that these devices did not pose an "unacceptable risk" to national security.

The Public Notice also emphasizes the importance of coordination with other federal agencies, including the Federal Aviation Administration, the National Telecommunications and Information Administration, and national security agencies, to ensure that communications policies support the Administration's broader efforts to integrate drones into the national airspace system while addressing security concerns. These efforts include participation in a multi-agency working group dedicated to the "development and deployment of Advanced Air Mobility (AAM) technologies," including electric Vertical Takeoff and Landing (eVTOL) within the United States.

Increasing Spectrum Access for UAS

The Public Notice seeks comment broadly on "any and all non-Federal spectrum resources" that commenters believe to be necessary to further America's UAS leadership role. Specific areas of inquiry include:

• Unlicensed Spectrum. WTB and OET note that most drones currently rely on unlicensed spectrum—including the 902-928 MHz, 2400-2500 MHz, 5000-5725 MHz, and 5725-5875 MHz bands—and seeks comment on the continuing viability of these bands for UAS operations.
• Opening Licensed Spectrum for UAS Operations. The Public Notice seeks comment on whether drones should be permitted to operate more extensively in spectrum bands that are commonly used for licensed mobile broadband services. WTB and OET specifically seek comment on the viability of several bands, including those used for the Citizens Broadband Radio Service (CBRS) and the 3.7 GHz Service, where aeronautical mobile use is currently prohibited under the Commission's rules.
• Accelerating UAS Deployment in the 5030-5091 MHz Band. The Public Notice invites feedback on all options to expedite implementation of the initial rules that the Commission adopted in 2024.
• Additional Comment on Open Proceedings. WTB and OET also invited commenters to refresh the record on remaining open issues from the Commission's 2023 UAS Notice of Proposed Rulemaking and on the possibility of allowing UAS in the 960-1164 MHz band. The Public Notice also invited comment on other pending requests to open bands for UAS and UAS-adjacent activities.
• Supporting Inter-agency Efforts. WTB and OET seek general comment on how the Commission can support interagency efforts to facilitate UAS and Counter-UAS, including efforts to establish the National Training Center for Counter-Unmanned Aircraft Systems as well as the Eastern and Western Regional Range Complexes, and coordinate the possibility of complementary air traffic management and surveillance operations by third parties.

Streamlining UAS Licensing

The Public Notice also seeks comment on possible reforms to modernize the Commission's experimental licensing framework for drone development and testing. WTB and OET note that the current regime can be time‑consuming and geographically limited, particularly for technologies involving multiple bands, mobile operations, or BVLOS communications. To address these challenges, the Public Notice seeks comment on creating a dedicated UAS experimental license category with longer license terms, broader geographic scope, and expedited renewals. It also asks whether tiered licensing structures and tools such as pre‑cleared test corridors, blanket experimental authorizations, and modular licensing approaches based on pre‑approved spectrum bands and use cases could accelerate testing while maintaining protections against harmful interference. Finally, the Public Notice seeks comment on whether its Part 5 experimental licensing rules—which limit Counter-UAS to research and development purposes, rather than operational mitigation or enforcement—unduly inhibit commercial development of Counter-UAS.

Establishing Testbeds and Innovation Zones for UAS Operations

WTB and OET also inquire about whether and how to expand the Commission's Innovation Zone program to support large‑scale testing of drone technologies. The Commission established Innovation Zones to allow qualified licensees to test new and innovative technologies within a controlled geographic area. The Public Notice specifically seeks comment on whether the Aerial Experimentation and Research Platform for Advanced Wireless (AERPAW) testbed at North Carolina State University, which was established pursuant to an expansion of the Innovation Zone program, has provided sufficient capacity and flexibility to develop UAS technology at scale. To the extent that additional capabilities are needed, WTB and OET seek comment on establishing additional testbeds, including in environments tailored for commercial or defense‑related development, maritime areas, or sparsely populated regions where interference risks may be lower.

Other Areas of Inquiry

The Public Notice also seeks comment on several related initiatives to modernize the UAS regulatory framework and support accelerated drone deployments, including:

• clarifying the permissible applications of Counter-UAS technologies, including any barriers to Counter-UAS deployment—including 47 U.S.C. § 333's statutory prohibition on willful or malicious interference;
• streamlining spectrum coordination and notification requirements that may constrain UAS and Counter-UAS operations;
• creating market‑based incentives to facilitate spectrum access for UAS operations or aerial testing;
• how the FCC can encourage state and local law enforcement agencies to use U.S.-made UAS (e.g., by publishing a list of trusted UAS, public safety guidance, or "leverage[ing] its private sector relationships" to promote use of U.S.-made drones);
• whether to establish a centralized FCC resource to help operators navigate UAS regulatory requirements; and
• how the agency can support workforce development needed to strengthen the domestic drone industry.

Impact on Next Steps

By seeking comment on so many issues related to UAS and Counter-UAS development, manufacturing, and operations, WTB and OET seek to build a robust administrative record that could be used to support future Commission rulemakings or other actions aimed at accelerating drone deployment and strengthening the domestic UAS ecosystem. At the same time, the Public Notice does not commit the FCC to any specific regulatory approach and any changes to the FCC's rules would require additional Commission-level action.

Any company with interests in expanded drone deployment (including with respect to spectrum access and interference, domestic manufacturing, aviation and logistics safety and labor concerns, aerial surveillance, noise pollution and wildlife protection, and agricultural technology) should consider submitting comments in response to the Public Notice. Licensees and operators in, and adjacent to, spectrum bands that may be considered for additional UAS deployment should also consider participating in the proceeding.

+++

DWT's communications and technology team advises clients on spectrum access and related regulatory issues in emerging technologies, including UAS and Counter-UAS deployment. We are closely monitoring developments in this space and are available to assist companies in evaluating the potential impact of the FCC's proposals or preparing comments in this proceeding. For more information, please reach out to Heather Moelter, Paul Powell, Edric Itchon, Alan Galloway, or another member of our team and sign up for our alerts.