FCC Seeks Comment on Prohibiting the Importation and Marketing of Certain Covered UAS and UAS Critical Components and Equipment Listed in Section 1709 of FY2025 NDAA

On August 10, 2026, the Federal Communications Commission’s Public Safety and Homeland Security Bureau (PSHSB) and Office of Engineering and Technology (OET) in Washington D.C. issued a Public Notice (Public Notice) seeking comment regarding the prohibition of the importation and marketing of certain covered UAS and UAS critical components and equipment. Specifically, comment is sought on certain covered UAS and UAS critical components and equipment previously authorized that has been determined to “pose an unacceptable risk to the national security of the United States or the security and safety of United States persons”. (For the current version of the list of covered equipment, see Federal Communications Commission, List of Equipment and Services Covered By Section 2 of The Secure Networks Act, (FCC Covered List) here). 

 In particular, the FCC in the Public Notice proposes to apply these prohibitions to certain communications and video surveillance equipment listed in section 1709 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (FY2025 NDAA), added to the Covered List in December 2025. These prohibitions would encompass all covered equipment produced by Anzu Robotics, LLC (“Anzu”) and their affiliates, subsidiaries, and other partners.  These prohibitions would not apply to any importation or marketing for the purpose of use by the federal government, nor for the purpose of commercial testing and product development.  Moreover, while importation and marketing would be prohibited, this prohibition would not affect continued use or operation of already-purchased covered equipment.

The comment period ends on September 23, 2026. See a copy of the Public Notice published in the Federal Register  here.

 

Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities

On November 26, 2025, the Federal Communications Commission (“FCC”) in Washington, D.C., published a Further Notice of Proposed Rulemaking (“FNPRM”) entitled “Promoting Technological Solutions to Combat Contraband Wireless Device Use in Correctional Facilities” in the Federal Register (90 FR 54248; GN Docket No. 13-111).  The FCC in this FNPRM is proposing rules that would enhance public safety by removing regulatory barriers to allow existing and developing technologies to combat contraband wireless device use in correctional facilities. In furtherance of this goal, the FCC in this FNPRM seeks comment on a proposed framework to authorize, for the first time, non-federal operation of radio frequency (RF) jamming solutions in correctional facilities, expanding the scope of technical options available to corrections officials facing this threat. The impetus for this FNPRM is the fact that the use of contraband cell phones in correctional facilities has reached epidemic and dangerous proportions. See News Release, Grassley Opens Hearing on Counter-Drone Authorities (May 20, 2025), https://www.grassley.senate.gov/news/remarks/grassley-opens-hearing-on-counter-drone-authorities (organized crime groups bombard prisons with contraband like dangerous weapons, drugs, cell phones and tools to aid escape).

This epidemic is directly related to the use of drones to deliver contraband to inmates in correctional facilities. See, e.g., Office of Justice Programs, United States Department of Justice, Addressing Contraband in Prisons and Jails as the Threat of Drone Deliveries Grows (June 2, 2023), https://nij.ojp.gov/topics/articles/addressing-contraband-prisons-and-jails-threat-drone-deliveries-grows.

The FNPRM established the deadline for submitting comments on or before  December 26, 2025. Approximately 80 comments have been submitted by interested parties through the FCC’s comment portal (ECFS) to date.  Reply comments are due on or before January 12, 2026. 

The FCC Proposes Rules for UAS Operations on Licensed Frequencies

The Federal Communications Commission ("FCC") in Washington, D.C., has recently proposed rules to enable wireless communications for unmanned aircraft systems ("UAS") to operate on licensed frequencies in the 5030-5091 MHz frequency band. As stated  in its Public Notice dated January 4, 2023, the FCC seeks comment regarding whether measures are necessary to facilitate such use on flexible-use wireless networks.  The FCC notes that unmanned aircraft systems today primarily operate under unlicensed and low-power wireless communications rules or experimental licenses.  Given what it identifies as the important current and potential uses for these systems, the FCC  is considering ways to improve the reliability of their operations, such as by allocating licensed frequencies for UAS utilization.

FCC Chairwoman Jessica Rosenworcel is quoted in the Public Notice as saying: “It is past time that we assess the availability of wireless communications resources for the increasingly important remote-piloted aircraft activity we rely on today. The FCC must ensure that our spectrum rules meet the current – and future – spectrum needs of evolving technologies such as unmanned aircraft systems, which can be critical to disaster recovery, first responder rescue efforts, and wildfire management.”

The Notice of Proposed Rulemaking (“NPRM”), also released by the FCC on January 4, 2023, seeks comment on service rules for the 5030-5091 MHz band that would provide unmanned aircraft system (UAS) operators with access to licensed spectrum with the reliability necessary to support safety-critical UAS communications links. The NPRM notes that “As unmanned aircraft (UA) flights increasingly involve operations with a higher risk profile, such as flights that use large aircraft, carry heavy cargo or human passengers, or travel into the controlled airspace used by commercial passenger aircraft, operators have a growing need for the greater reliability that interference-protected licensed spectrum provides for control-related and other safety-related communications.”

The NPRM also seeks comment regarding whether the FCC’s rules for various flexible-use spectrum bands are sufficient to ensure co-existence of terrestrial mobile operations and UAS use or whether changes to FCC rules are necessary to prevent or mitigate interference and performance concerns.  Also, to further promote the safe integration of unmanned aircraft operations in controlled airspace and facilitate flight coordination, the NPRM proposes a process for UAS operators to obtain a license in the aeronautical VHF band to communicate with air traffic control and other aircraft while maintaining the integrity of the band. 

Comments are due to be filed with the FCC no later than March 9, 2023.  Reply comments are due April 10, 2023. The link to the publication of the NPRM  in the Federal Register can be found here.