FCC Opens 800 MHz Cellular Band to Drones

On October 29, 2026, the Federal Communications Commission (FCC or Commission) adopted a Report and Order (FCC 26-72) (Order) that amends Section 22.925 of its rules to exempt unmanned aircraft systems (UAS or drones) from the decades-old prohibition on airborne use of the 800 MHz Cellular Radiotelephone Service band at 824-849 MHz and 869-894 MHz (800 MHz Cellular). The Commission noted that the earlier rule was developed with the capabilities of first-generation cellular technologies in mind and that modern networks and equipment built to comply with 3rd Generation Partnership Project (3GPP) standards can effectively mitigate the interference issues that the earlier rule was designed to prevent. The rule changes will take effect 30 days after the Order is published in the Federal Register.

Key Takeaways

• Targeted exemption. New Section 22.925(b) provides that the airborne prohibition "shall not apply" to uncrewed aircraft or uncrewed aircraft systems using 800 MHz Cellular frequencies. The Commission otherwise retained the prohibition on use of the 800 MHz Cellular band aboard airborne aircraft.
• Primary allocation. A new nonfederal footnote to the Table of Frequency Allocations permits UAS to operate in the mobile service on a primary basis in the 800 MHz Cellular band.
• Operations within the Part 22 framework. UAS operations are subject to Part 22 service rules, including licensed service-area boundaries, and to applicable FCC and Federal Aviation Administration (FAA) UAS rules.
• Coexistence with adjacent bands. The Commission stated that it expects UAS in the 800 MHz Cellular band to coexist with operations in all adjacent bands, including potential mobile and direct-to-device (D2D) operations in the 817-824 MHz and 862-869 MHz bands.
• Other bands unaffected. The Commission expressly limited its interference analysis to the 800 MHz Cellular band. Airborne restrictions in other bands, including the Upper and Lower C-band, remain in place.

Background

The Cellular band is among the oldest licensed mobile frequency bands. The Commission adopted cellular licensing rules in 1981, adopted an airborne-use policy in 1984, and codified that policy in 47 C.F.R. § 22.925 in 1991. The restriction was designed to address interference from fast-moving airborne handsets that, with unobstructed line of sight to multiple terrestrial base stations, could limit a network's ability to serve local terrestrial traffic.

The Commission has revisited the restriction on multiple occasions. In 2004 and again in 2013, the Commission proposed to relax the ban for in-flight passenger use but ultimately terminated both rulemakings without altering the ban. More recently, the Commission sought comment on whether it should remove the Section 22.925 prohibition for UAS operations in its January 2023 UAS Notice of Proposed Rulemaking. The question was raised again in the April 1, 2026, Public Notice issued by the Wireless Telecommunications Bureau (WTB) and Office of Engineering and Technology (OET) seeking comment on "Unleashing American Drone Dominance," which we discussed in a prior alert.

What the Order Does

The restriction is no longer technically necessary. The Commission found that the technical premise of the 1991 rule no longer holds. Beginning with Release 15, 3GPP standards addressed the core line-of-sight problem directly, adding unmanned aircraft identification, height reporting, mobility enhancements, and interference-management mechanisms. Releases 16 through 18 built on that foundation with UAS service requirements, drone identification and tracking, integration with UAS traffic-management systems, and a second-phase work program. These capabilities give operators better awareness of airborne devices and let them apply more targeted mobility and interference-management policies.

Because the prohibition existed to protect 800 MHz Cellular terrestrial networks themselves, rather than a separate incumbent service, the Commission concluded that these network-level tools, together with existing Part 22 coordination obligations, provide a sufficient basis to lift the restriction for UAS. It also relied on real-world experience drawn from successful drone operations in the licensed 700 MHz and Personal Communications Service (PCS) bands.

Exemption from the airborne prohibition. The Order redesignates the existing text of Section 22.925 as paragraph (a) and adds a new paragraph (b) exempting uncrewed aircraft and uncrewed aircraft systems that use Cellular frequencies under Section 22.905. For consistency with the Commission's other UAS rules, the Order adds to Section 22.99 the Part 88 definitions of "uncrewed aircraft" (an aircraft operated without the possibility of direct human intervention from within or on the aircraft) and "uncrewed aircraft system." The exemption does not affect the provision in Section 22.925 that prohibits customers from operating their mobile devices while an aircraft is airborne, or the FAA rules governing the use of portable electronic devices on certain aircraft.

Allocation change. The Order adds a primary mobile footnote allocation for UAS in the 824-849 MHz and 869–894 MHz bands, subject to Part 22. Consistent with Article 4.4 of the International Telecommunication Union (ITU) Radio Regulations, UAS operations at 890-894 MHz will be authorized on a noninterference, nonprotected basis relative to stations operating under the ITU instruments.

Existing Part 22 rules continue to apply. The Commission emphasized that UAS operations will be subject to applicable Part 22 rules in the band, including power limits, coordination requirements, geographic license area restrictions, and quiet zone coordination provisions that minimize possible impact on the operations of radio astronomy or other facilities that are highly sensitive to interference.

Adjacent-band coexistence. The Order also addresses coexistence with operations directly adjacent to the 800 MHz Cellular band. The Commission stated that it expects UAS in the Cellular band to coexist with operations in all adjacent bands, including potential mobile and D2D operations in the adjacent 817-824 MHz and 862-869 MHz bands, and that it intends for both bands to be "fully utilized to provide next-generation services to the American public."

Practical Implications

• Cellular licensees and carriers. Licensees may offer 800 MHz Cellular spectrum as a platform for UAS command, control, communications, and payload operations alongside conventional wireless service, and may use it to substitute for, or augment, other bands already supporting UAS.
• Drone operators and enterprise users. Operators in precision agriculture, utility and pipeline inspection, search and rescue, wildfire monitoring, and last-mile delivery gain another licensed connectivity option.
• Critical infrastructure operators. Utilities and other infrastructure operators stand to benefit, as reflected in the Commission's express mention of UAS operations for utility and pipeline inspection and wildfire monitoring, as well as for border security and state and local public safety operations (e.g., firefighters, first responders, other emergency support).
• Equipment manufacturers. With the exemption in place, manufacturers will be able to add support for the 800 MHz Cellular band in drone radios.

Looking Ahead

The Order is the latest in a series of Commission actions following the Drone Dominance Public Notice. Other issues raised in that proceeding—including potential UAS authorizations in other licensed spectrum bands and experimental licensing reform—remain pending. In his statement, Chairman Carr called the Order "hardly the last word on bringing spectrum abundance to drones." He noted that the Supplemental Coverage from Space Notice of Proposed Rulemaking that was approved at the Commission's October 29 meeting explores whether licensed wireless spectrum can be leased to satellite operators for drone connectivity, and that the Commission will vote on reforms to open more spectrum for nationwide drone networks, in-flight broadband, and counter-UAS detection at its November open meeting.

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Paul Powell is of counsel and Heather Moelter is an associate in DWT's Portland office, Edric Itchon is counsel in the firm's San Francisco office, and Alan Galloway is a partner in our Portland office. DWT 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 help companies evaluate the impact of the Order, assess network and equipment implications, and prepare filings in the ongoing Drone Dominance proceeding. For more information, please reach out to the authors or another member of our communications or technology teams. To stay informed, sign up for our alerts.