Citing National Security Needs, the FCC and FAA Take Steps on UAS Regulation
AI Analysis
The FCC and FAA are taking coordinated steps to regulate UAS operations, driven by national security concerns. The FAA proposed a rule to restrict drone flights over critical infrastructure with two tiers of restricted airspace, while the FCC seeks to modernize licensing and remove legal barriers to counter-UAS technology. Public comment periods are open for both initiatives, with deadlines in May and July 2026.
Key Takeaways
- FCC released a Public Notice (DA 26-314) seeking comment on UAS/counter-UAS regulatory reforms, including spectrum allocation and legal barriers.
- FAA published a Notice of Proposed Rulemaking (NPRM) to implement Section 2209 of the 2016 FAA Extension Act, enabling restrictions over critical infrastructure.
- Two levels of restricted airspace are proposed: Standard UAFR for fixed-site facilities and Special UAFR for sensitive federal sites.
- Restrictions will apply to facilities meeting the federal definition of 'critical infrastructure'.
- Affected airspace may be designated as 'national defense airspace' under existing legislation.
Why It Matters
These regulations represent a significant move towards securing critical infrastructure against potential drone-based threats. The streamlining of counter-UAS technology deployment through FCC action is crucial for effective defense, while the FAA's airspace restrictions will limit potential vulnerabilities. These actions signal a proactive approach to drone warfare and defense.
Citing National Security Needs, the FCC and FAA Take Steps on UAS Regulation | Holland & Knight LLP - JDSupra
Published: 2026-05-12T20:04:10+00:00
Summary
The Federal Aviation Administration (FAA) Extension, Safety, and Security Act of 2016 directed the agency to establish a process for restricting drone flights over critical infrastructure. The Federal Communications Commission (FCC) has also addressed the issue of accommodating UAS operations in an increasingly congested radio frequency environment and addressing legal uncertainties surrounding counter-drone technologies. The proposed rule would establish two levels of restricted airspace, including a Standard Unmanned Aircraft Flight Restriction (UAFR) for qualifying fixed-site facilities and a Special UAFR for sensitive federal sites. The proposal also proposes to limit drone eligibility to facilities that meet the federal definition of "critical infrastructure". The affected airspace may also be designated as national defense airspace under 49 U.S.C. Section 40103(b)(3).
Story
Citing National Security Needs, the FCC and FAA Take Steps on UAS Regulation | Holland & Knight LLP - JDSupra May 12, 2026 # Citing National Security Needs, the FCC and FAA Take Steps on UAS Regulation Katie Inman, Bill LeBeau, Elizabeth Perry Holland & Knight LLP + Follow x Following x Following - Unfollow Contact LinkedIn Facebook X Embed To embed, copy and paste the code into your website or blog: ## Highlights - The Federal Communications Commission (FCC) on April 1, 2026, released Public Notice DA 26-314 (Unleashing American Drone Dominance Public Notice), seeking comment on regulatory reforms to enable American unmanned aircraft system (UAS) and counter-UAS operations, including modernizing licensing, releasing new spectrum and removing legal barriers to counter-drone technology. More than 90 comments were filed by the May 1, 2026, deadline, with reply comments due May 18, 2026. - On May 6, 2026, the Federal Aviation Administration (FAA) published its long-awaited notice of proposed rulemaking (NPRM) implementing Section 2209 of the FAA Extension, Safety, and Security Act of 2016, which would establish a process for owners or proprietors of fixed-site facilities to apply for drone flight restrictions over such facilities. Public comments on the FAA NPRM are due by July 6, 2026. - State laws also may restrict UAS operations over critical infrastructure. The commercial drone sector has grown rapidly in recent years, leading to escalated security concerns over unauthorized unmanned aircraft system (UAS) incursions near critical infrastructure and sensitive facilities. At the same time, long-standing congressional mandates designed to address mitigation of potential threats of UAS operations have awaited implementation. Section 2209 of the Federal Aviation Administration (FAA) Extension, Safety, and Security Act of 2016 directed the agency to establish a process for restricting drone flights over critica