FCC Moves Quickly to Implement SAFER SKIES Act and Strengthen Counter-Drone Capabilities

Published: July 2026

The Federal Communications Commission (FCC) has taken significant steps to strengthen public safety by accelerating the implementation of the SAFER SKIES Act. These actions are designed to give trained state, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies the tools and legal clarity needed to address emerging drone-related threats.

Addressing a Growing Security Challenge

• Drones have become an increasingly valuable technology, supporting everything from emergency response and infrastructure inspections to commercial innovation. However, they can also be used by criminals, hostile foreign actors, and terrorists to threaten public events, critical infrastructure, correctional facilities, and communities.

• Recognizing these risks, Congress passed the SAFER SKIES Act in December 2025 as part of the Fiscal Year 2026 National Defense Authorization Act. The legislation expanded counter-unmanned aircraft system (C-UAS) authority beyond federal agencies, allowing trained SLTT law enforcement and correctional personnel to detect, track, disable, or seize drones that pose credible threats.

• On July 1, 2026, the Department of Homeland Security (DHS) and Department of Justice (DOJ) issued an Interim Final Rule establishing the operational framework for these authorities. The FCC’s actions announced on July 2 help ensure that agencies can begin implementing those capabilities immediately.

Key FCC Actions

To support rapid deployment of counter-drone technologies, the FCC issued several coordinated actions.

1. Waiver for Sale and Importation of Counter-Drone Equipment

The FCC’s Office of Engineering and Technology (OET) waived certain equipment authorization requirements, allowing manufacturers and vendors to market and import approved counter-drone systems before they complete the traditional FCC authorization process. This waiver enables law enforcement and correctional agencies to access critical technology more quickly while focusing deployment on equipment listed under the SAFER SKIES Act’s Authorized Systems List.

2. Temporary Spectrum Authorization

Recognizing that counter-drone technologies rely on multiple radio frequency bands, the FCC granted broad temporary spectrum authorization to SLTT agencies deploying approved C-UAS systems. This action provides agencies with the flexibility needed to respond to evolving drone threats while longer-term spectrum management solutions continue to develop.

3. Legal Clarity for Counter-Drone Operations

The FCC’s Wireless Telecommunications Bureau (WTB) issued a Declaratory Ruling clarifying how Section 333 of the Communications Act applies to counter-drone activities.

Specifically, the FCC confirmed that:

• Federal agencies are not subject to Section 333 restrictions regarding authorized counter-drone operations.

• State, local, Tribal, and territorial agencies operating under the SAFER SKIES Act may conduct approved signal-jamming activities without liability under Section 333.

• Federal contractors and other authorized entities acting on behalf of or under the supervision of federal agencies also receive similar protections.

This guidance removes legal uncertainty for agencies tasked with responding to drone threats.

4. Support for Technology Testing and Innovation

The FCC also clarified that manufacturers and developers testing counter-drone signal-jamming equipment under FCC experimental authorizations are not violating Section 333 when they control both the jammer and the drone being tested.

This ruling provides regulatory certainty for companies developing next-generation counter-drone technologies and supports continued innovation in the sector.

Enhancing Public Safety

The FCC’s actions are intended to ensure that trained local authorities have the ability to respond quickly when drones pose credible threats to public safety.

Potential use cases include:

• Protecting large public gatherings and special events.

• Securing critical infrastructure facilities.

• Preventing unauthorized drone activity near correctional institutions.

• Supporting emergency response and homeland security operations.

By accelerating access to approved technologies and clarifying legal authorities, the FCC is helping local agencies become active participants in the nation’s counter-drone strategy.

Supporting a Broader National Security Strategy

These actions also align with the FCC’s broader national security agenda. Since establishing its Council on National Security, the FCC has increased efforts to address threats from foreign adversaries, enhance cybersecurity and network security, and restrict the use of communications equipment deemed to present unacceptable national security risks.

The Commission has taken particular interest in foreign-produced drone technologies and critical drone components that could present security concerns. Expanding access to trusted counter-drone technologies complements these ongoing efforts.

Looking Ahead

The FCC’s July 2 actions represent a significant milestone in implementing the SAFER SKIES Act. By removing regulatory barriers, granting temporary spectrum access, clarifying legal authorities, and encouraging innovation, the Commission has created a pathway for trained local law enforcement and correctional agencies to play a larger role in protecting communities from drone-related threats.

As drone technology continues to evolve, federal, state, and local agencies will increasingly rely on coordinated policies and advanced counter-drone capabilities to balance innovation with security. The FCC’s latest actions demonstrate a proactive approach to ensuring that America’s public safety agencies have the tools they need to meet that challenge.

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