On April 1, 2026, the Federal Communications Commission (FCC or Commission) released a Public Notice (DA 26-314) seeking comment on ways in which it can unleash American drone dominance through enabling American unmanned aircraft systems (UAS) and anti-drone defense systems (Counter-UAS). This Public Notice follows the Commission’s action in December 2025 that added all foreign-produced UAS and UAS critical components to the FCC’s Covered List. This FCC action is the most recent action to implement President Trump’s Executive Orders for Unleashing American Drone Dominance and Restoring American Airspace Sovereignty. Comments are due on May 1, 2026, and reply comments are due on May 18, 2026.

The FCC’s stated intent is to give U.S. innovators the resources and regulatory clarity needed to develop the U.S. UAS manufacturing base. In order to do so, the FCC seeks comment on the following:

• Modernizing UAS Licensing. At present, spectrum access for research, development and testing of new UAS and counter-UAS technology is primarily licensed through the Office of Equipment and Technology’s (OET) experimental licensing process. The FCC believes this licensing process needs to be modernized because the experimental licensing framework may create challenges for developers seeking to test emerging UAS capabilities—particularly those that rely on multiple frequency bands, mobile operations or beyond visual line of sight (BVLOS) communications. The FCC seeks comment on ways in which it can modernize and streamline its experimental licensing framework for UAS operations. Should it create an expedited process for UAS experimental licenses? Should it implement pre-cleared test ranges or corridors (in coordination with the Federal Aviation Administration (FAA) and National Telecommunications and Information Administration (NTIA)) where licensees could conduct UAS experiments? The Commission also seeks comment on whether it should create a blanket experimental authorization for “qualified drone developers” to allow them to test on a range of selected frequences and under specified parameters. In addition, the Commission seeks comment on whether it should revise its Part 5 experimental licensing rules for testing certain Counter-UAS technologies to remove restrictions that limit Counter-UAS to research and development purposes (and prohibit operational mitigation or enforcement use cases).
• Releasing More Spectrum for UAS. Most UAS are currently operating on unlicensed spectrum, or the same frequencies used by Wi-Fi routers and other consumer devices, for their command-and-control communications. These frequencies generally include: 900 MHz band (902-928 MHz); 2.4 GHz band (2400-2500 MHz); 5.2 GHz band (5000-5725 MHz); and 5.8 GHz band (5725-5875 MHz). Many UAS also are using commercial wireless bands today, but the FCC has not specifically authorized this use. The Commission seeks comment on ways in which the FCC can permit more intensive UAS operations in licensed flexible-use commercial wireless bands. In particular, the Commission seeks comment on the viability of using the Cellular Radiotelephone Service (800 MHz), Citizens Broadband Radio Service (3.5 GHz), 960-1164 MHz, 1670-1675 MHz, 1.4 GHz, 2.3 GHz and 3.7 GHz bands for UAS. The Commission also seeks to refresh the record on issues related to UAS operations in flexible-use bands that were raised, but not yet resolved, in its 2023 UAS Spectrum NPRM (FCC 22-101). Akin has written and spoken extensively on the issue of using these commercial wireless bands to support UAS communications.
  
  In addition, the Commission seeks comment on removing airborne restrictions for certain bands, such as the 800 MHz Cellular band and on whether it should allow UAS pilots to obtain licenses in the aeronautical VHF band (117.975-137 MHz) for communications with Air Traffic Control. The FCC also seeks comment on ways in which it can further UAS deployment in the 5030-5091 MHz band and asks whether it should convene a Federal Advisory Committee or other similar group to develop consensus on key policy, technical and operational issues in the band. Some of you may recall that the 5030-5091 MHz band and the 960-1164 MHz band were recommended for allocation by the International Telecommunication Union (ITU) for UAS uses in 2011 and 2007, respectively. It is encouraging that the FCC seeks to create a refreshed record on the uses of these bands.
  
  As it pertains to the UAS and Counter-UAS spectrum access provisions outlined in Sections 227 and 1048 of the National Defense Authorization Act for Fiscal Year 2026, the Commission generally asks how it can facilitate spectrum access in support of these purposes. The FCC also broadly asks how it can facilitate UAS or Counter-UAS spectrum access in the context of any pending inter-agency proceedings or efforts in which the FCC is involved. In addition, it asks stakeholders to provide comments on proposals currently pending before the Commission to open specific frequencies for UAS-related activities, including Aura’s petition to modify technical rules in the 450 MHz band and Echodyne’s petition to use the 24.45–24.65 GHz band for federal and non-federal radiolocation operations that would better facilitate the detection of UAS. See (FCC 25-7).

• Creating New Testbeds and Innovation Zones. The FCC utilizes Innovation Zones to provide opportunities to test new and advanced technologies and prototype networks outside a traditional small campus or laboratory setting. In 2021, the FCC expanded its Innovation Zone program by establishing a testbed at North Carolina State University, known as the Aerial Experimentation and Research Platform for Advanced Wireless (AERPAW), which provides opportunities to test open 5G-and-beyond solutions in unmanned aerial system verticals. The Commission seeks comment on ways in which it can further facilitate testing at the AERPAW testbed and whether it should create another type of Innovation Zone license that is exclusively designed for defense companies or non-academics who work on commercial or military UAS development. The FCC also asks whether it should create an Innovation Zone over waterways, in part to facilitate the interaction of UAS and ships and submarines in furtherance of Section 20002 of the One Big Beautiful Bill Act.
• Clarifying the Permissible Use of Counter-UAS. The Commission’s rules do not specifically regulate Counter-UAS, which are technologies, systems or operations designed to detect, track, identify and, where authorized, mitigate or disable UAS that pose a threat to safety, security or regulatory compliance. However, the Commission seeks comment on barriers that the Communications Act, such as Section 333 of the Act which prohibits willful and malicious interference to licensed radio communications, and FCC regulations may nonetheless pose to Counter-UAS deployment and on reforms to address such barriers.
• Modernizing Coordination. The Commission seeks comment generally on ways in which it can remove barriers to or streamline existing non-federal and federal coordination and notification procedures that may restrict the use of UAS or Counter-UAS operations.
• Creating Market-Based Incentives. The Commission seeks comment on ways in which it can facilitate and bolster the use of the secondary markets to encourage private transactions, including spectrum leases and/or partnerships, that could promote UAS operations or other kinds of aerial testing.
• Law Enforcement Use of UAS. The Commission states its view that it is a problem that State, Local, Tribal and Territorial (SLTT) law enforcement agencies often procure UAS produced by foreign adversary entities, and thus seeks comment on ways in which it can encourage SLTT law enforcement agencies to procure domestic manufactured UAS.
  
  The Commission also broadly asks how it can promote and accelerate the deployment of domestic-produced UAS and UAS critical components.

• Central UAS/C-UAS Information Resource. The Commission seeks comment on whether it should establish a “one-stop-shopping” webpage for UAS and Counter-UAS operators that would provide a centralized information resource to assist UAS and Counter-UAS operators with equipment authorizations, spectrum licensing and waiver processes.
• Supporting a Skilled U.S. Drone Workforce. Finally, the Commission seeks comment on ways in which it can help foster the workforce needed for American drone dominance. There is a nationwide pilot shortage, and this has been an enduring issue for the industry.

Our team is closely monitoring developments as the comment period progresses and the FCC moves toward final rules. Please do not hesitate to reach out to us if you have any questions or would like to submit comments in the proceeding.