The identical week that the primary tier of drone tariffs took impact, the Federal Communications Fee (FCC) revealed its ultimate rule adopting a number of adjustments to its guidelines regarding drone authorizations, advertising of drones and modifications to drones that already maintain authorizations, leading to an October 13, 2026, efficient date for the brand new guidelines. As well as, now that the remark interval has closed on the FCC’s proposal to retroactively take away “army grade” drones from retailer cabinets, the FCC indicated it’s going to proceed to deal with what it views as potential nationwide safety issues posed by drones. On the similar time, the company is taking motion to broaden spectrum entry for sure drone operations in america.

Updates to FCC Gear Authorization Program and Advertising and marketing Requirements

As Holland & Knight beforehand reported,1 the FCC adopted sweeping adjustments to its gear authorization framework in a Third Report and Order adopted on July 22, 2026. On September 11, 2026, the FCC revealed the brand new guidelines within the Federal Register, leading to an October 13, 2026, efficient date for the brand new guidelines.

Drone producers, producers of radio frequency modular items made for drones, operators and retailers ought to pay attention to these regulatory adjustments in mild of their novelty and breadth. The broad adjustments to gear authorization eligibility may affect design, manufacturing, adjustments and mannequin updates, and product help. Moreover, for the primary time, the FCC has clarified that on-line marketplaces are topic to advertising restrictions and needs to be topic to distinctive diligence necessities, given their interactions with shoppers and function as a gateway to U.S. commerce.

Logic-Bearing {Hardware}

The rule prohibits gear authorizations for logic-bearing {hardware} produced by entities recognized on the Coated Checklist (together with subsidiaries and associates) and units containing such elements to the extent the system could be prohibited had it been produced by the related Coated Checklist entity itself. The FCC defines a logic-bearing {hardware} part as “[a]ny system, system, module, sub-assembly, built-in circuit, or different bodily part that generates and makes use of timing alerts or pulses at a fee of greater than 9,000 pulses (cycles) per second” that “makes use of digital strategies, together with phone gear with sure traits.”2 The definition doesn’t embrace purely mechanical or passive elements equivalent to housing, fasteners, resistors, wiring or plain battery cells.

The rule states that the company thought of however declined “right now” to increase the prohibition past the entities listed on Coated Checklist however curiously left “the document open” on whether or not it’d achieve this sooner or later.3 The definition will likely be codified at 47 C.F.R. § 2.902.

On-line Marketplaces

FCC laws have lengthy prohibited the importation, advertising and use of radio frequency units equivalent to drones when such units lack an gear authorization (or usually are not certified for an specific FCC exemption from these necessities).4

FCC advertising guidelines already outline advertising broadly: The long-standing definition consists of “distribution for the aim of promoting.” The brand new rule amends the final rule that applies to advertising, codified at 47 C.F.R. § 2.803, in a fashion that ensures the FCC can attain any entity that markets unauthorized gear, together with e-commerce platforms. The rule states that retailers should present an FCC identification quantity on the on-line level of sale each time the retailer gives an inventory of regulated gear on a web-based market, together with any of the next: “consignment, warehousing, stock administration, order processing, labelling, packaging, billing, or fulfilment companies – even when that gear is offered or supplied on the market by a third-party vendor.” This modification to § 2.803 brings generally identified on-line marketplaces squarely into the company’s oversight.

On account of the rule, on-line marketplaces will likely be topic to extra necessities than bodily shops, as they’ll now must show an authorized system’s FCC identification quantity on the on-line level of sale. On-line platforms promoting drones and significant elements ought to take measures to make sure their listings stay updated, because the rule additionally confirms that on-line retailers are topic to enforcement of the advertising guidelines, no matter whether or not the platform supplier lacks consciousness of merchandise’ compliance.

Modifications to Beforehand Approved Gear

The rule additionally addresses adjustments and modifications to gear the FCC has beforehand licensed. The FCC has lengthy allowed permissive adjustments that fulfill distinct standards, often called Class I and Class II permissive adjustments.5 Within the new rule, nevertheless, the company clarifies that present FCC requirements that tackle permissive adjustments and modifications apply each to gear that’s already prohibited from receiving authorization (equivalent to Coated Checklist gear) and to gear that will change into prohibited on account of a proposed modification.

On account of the clarification, stakeholders ought to count on that any change in design, circuitry or building of an authorized system would render the system ineligible for gear authorization if the change entails an entity recognized on the Coated Checklist. The FCC’s Third Report and Order gives an illustrative instance of such circumstances:

If a tool was initially produced by Entity A, that system might not be subsequently redesigned and produced by Entity B if Entity B is a Coated Checklist entity. If a UAS [uncrewed aircraft system] was licensed at a time at which the united stateswas produced in america, the system can not later be modified by transferring manufacturing of the system to a international nation, which might render the UAS “coated.”6

The ultimate rule expresses the FCC’s adoption of this clarification: The prohibition on permissive adjustments and modifications set forth in § 2.932 and § 2.1043 applies not solely to gear that’s already ineligible for authorization but additionally to gear that will change into prohibited on account of a modification.7 Equally, if a tool is modified such that it could now not be a home finish product for functions of the Purchase American normal, the modification would prohibit the system from sustaining an gear authorization.

Recertification for Any Change to Gear

The brand new rule will even require that any entity recognized on the Coated Checklist that seeks to make a permissive change to gear should submit an utility for recertification somewhat than utilizing the extra environment friendly permissive change course of, which entails a Provider’s Declaration of Conformity (SDoC). The FCC clarifies that this certification requirement applies solely when the applicant for the modification is itself a Coated Checklist entity. A producer that isn’t on the Coated Checklist that modifies gear initially produced by a Coated Checklist entity might proceed to make use of the SDoC course of so long as the modification doesn’t itself render the system “produced by” the Coated Checklist entity.

The recertification requirement within the rule signifies the FCC is totally conscious that drones typically endure frequent updates and upgrades that entail modifications of kit. On this regard, the company additionally clarified that restricted waivers that FCC’s Workplace of Engineering and Expertise (OET) beforehand granted to allow Class I and Class II permissive adjustments for Coated Checklist UAS gear and coated routers, via January 1, 2029, will stay in impact in accordance with their phrases.

Defining “Essential Infrastructure”

On account of Part 889(f)(3) of the 2019 Nationwide Protection Authorization Act,8 the Coated Checklist makes use of the time period “crucial infrastructure” within the listing’s references to gear produced by sure, distinct firms. The ultimate rule amends the definition to align it with a current court docket opinion from the U.S. Court docket of Appeals for the D.C. Circuit, which discovered that the company’s interpretation of the definition was overly broad.9 In narrowing the definition, the ultimate rule continues to depend on 16 crucial infrastructure sectors throughout the purview of the U.S. Division of Homeland Safety (DHS) and 55 Nationwide Essential Capabilities (NCFs) revealed by DHS’ Nationwide Threat Administration Heart however narrows the scope of the definition by eradicating the broad time period “linked to.”10

Public Discover: Prohibition on “Navy Grade” Drones

The FCC acquired greater than 3,800 feedback in response to its July 21, 2026, Public Discover searching for enter on a proposal to ban the additional importation and advertising of “sure foreign-produced military-grade uncrewed plane techniques (UAS) and UAS crucial elements for non-U.S. Authorities, together with these with swarming capabilities.” The proposed transfer signifies that the FCC interprets its authority as broadly conveying discretion to enact restrictions on beforehand licensed “coated” gear, in step with the streamlined limitation of kit authorization procedures it adopted in October 2025.11

Within the Discover, the FCC means that robust nationwide safety causes counsel in favor of extending the present prohibition on foreign-made drones to incorporate “drones seen by the U.S. authorities as having army functionality or posing specific nationwide safety dangers,” which the company characterizes as:

  • swarming drones
  • drones specifically designed to combine protection articles
  • thermal imaging drones
  • drones integrating Mild Detection and Ranging (LiDAR) sensing
  • aerosol able to dishing out “financial poison” underneath Federal Aviation Administration (FAA) guidelines
  • drone docking stations
  • UAS that weigh 55 kilos or extra

The Discover clarifies that any prohibition it pursues would exclude UAS and UAS crucial elements not on the Coated Checklist, both as a result of they’ve been produced within the U.S. or are exempted, equivalent to pursuant to the Blue UAS Cleared Checklist, Purchase America normal or receipt of a Conditional Approval.12 As well as, the prohibitions wouldn’t apply to UAS and UAS crucial elements imported, marketed or offered to be used by the federal authorities or for industrial testing and product improvement. Lastly, the prohibitions wouldn’t apply to make use of or operation of any already-purchased drones.

The remark interval on the Public Discover concluded September 2, 2026. Virtually all commenters expressed concern concerning the potential restrictions and their capacity to restrict the supply of generally obtainable drones. They defined that foreign-produced drones used for agricultural operations, for instance, have operated for a number of years, pointing to the FAA’s issuance of exemptions allowing operations involving aerosol dishing out of financial poison underneath 14 C.F.R. Half 137. The itemizing of drones the company has decided can safely conduct agricultural operations in accordance with FAA laws, which incorporates a number of foreign-produced drones, is prolonged.13 Furthermore, drones utilizing LiDAR which are produced exterior the U.S. or that include foreign-produced crucial elements are generally obtainable, in accordance with commenters.

The FCC’s sweeping proposal characterizing generally obtainable drones as “army grade” will stay a subject of debate amongst business stakeholders. Drone producers, operators and retailers ought to stay apprised of the company’s potential adoption of the proposed restrictions.

Waiver for DOT Testing

Contemporaneously with the FCC’s publication of the above Notices, the FCC’s OET and Wi-fi Telecommunications Bureau issued a waiver on September 11, 2026, that will enable use of the U.S. Division of Transportation’s (DOT) Cellular Community Aviation Evaluation Program (MNAAP) to measure industrial wi-fi community alerts on plane.

MNAAP was lately established by the DOT’s Extremely Automated Techniques Security Heart of Excellence as a program for testing whether or not wi-fi networks can help aviation-based security companies equivalent to “digital conspicuity, distant identification, counter-UAS detection and identification, UAS command and management, and autonomous detection and avoidance purposes.”14 The non permanent waiver, which can expire October 1, 2029, will allow MNAAP testing by “enabling cell broadband suppliers and MNAAP contributors to transmit radiofrequency alerts to and from collaborating airborne cell units.”15

The FCC’s guidelines regarding UAS operations in spectrum bands fluctuate – some bands haven’t any restrictions, whereas others expressly prohibit aeronautical cell use. Nevertheless, pilots and drone operators usually can not management which band a tool makes use of, as wi-fi units routinely choose obtainable frequencies primarily based on community circumstances. With the intention to facilitate MNAAP testing targeted on mission-critical aviation security purposes, the FCC, by itself movement, issued this non permanent waiver to make sure that potential transmissions in sure restricted spectrum bands is not going to violate the Fee’s guidelines.

The supply of the waiver and the MNAAP testing it’s going to allow is mostly in step with the FAA’s past visible line of sight proposed rule, which can allow operations of drones weighing as much as 1,320 kilos to function past the operator’s visible line of sight, so long as the drone has an accepted digital conspicuity system, amongst different standards.16 Furthermore, the FCC’s statements regarding its curiosity in enabling testing and improvement of counter-UAS applied sciences point out the company stays targeted on guaranteeing U.S. firms are capable of check such applied sciences, maybe in furtherance of implementation measures for the SAFER SKIES Act, which allows state, native, Tribal and territorial governments to make use of technological options to intercept drones, topic to sure standards, equivalent to when utilizing an permitted resolution. The FCC beforehand requested feedback on actions it’d take to allow testing of counter-UAS applied sciences underneath managed circumstances.17

With issuance of the waiver, the FCC famous it intends “[t]o unleash American drone dominance” and “spur a aggressive connectivity market for unmanned plane techniques.” The waiver is perhaps an motion in a sequence of steps the federal government will proceed to take to make sure up to date applied sciences will be examined and change into obtainable.

Conclusion and Key Takeaways

Within the evolving surroundings of drone regulation, the federal authorities seems to stay dedicated to making sure it doesn’t curtail business’s efforts in guaranteeing options can be found whereas limiting the supply of foreign-produced drones and significant elements. stakeholders ought to stay conscious of the FCC’s posture and think about searching for counsel on whether or not a selected restriction or waiver applies to proposed importation, advertising or operations.

Notes

1 Holland & Knight alert, “Newest FCC, DOJ, DHS Actions on Drones Point out an Elevated Deal with Nationwide Safety,” July 21, 2026; Holland & Knight alert, “Tip of the Spear: Why the FCC Is Policing Strategic Expertise,” Aug. 11, 2026.

2 Defending Towards Nationwide Safety Threats to the Communications Provide Chain By means of the Gear Authorization Program, 91 Fed. Reg. 57798, 57799 (Sept. 11, 2026).

3 Id.

4 47 C.F.R. §§ 2.803 and a couple of.805. Restricted exceptions to those prohibitions exist, primarily based on achievement of particular standards. See additionally 47 C.F.R. § 15.103(a) (exempting from technical necessities units utilized completely in any transportation automobile).

5 47 C.F.R. § 2.932 (“Modification to gear”) requires new utility for an gear authorization to be filed each time there’s a change within the design, circuitry or building of an gear or system for which an gear authorization has been issued, except as set forth in § 2.932. Any such change is just not allowed, nevertheless, to gear on the Coated Checklist.

6 ET Docket No. 21-232, FCC 26-50 at 32 (July 23, 2026).

7 47 C.F.R. § 2.1043(b)(1) (“A Class I permissive change consists of these modifications within the gear which don’t degrade the traits reported by the producer and accepted by the Fee when certification is granted.”).

8 The FCC’s ultimate rule refers back to the statute because the 2019 Nationwide Protection Authorization Act. The statute is on the market at John S. McCain Nationwide Protection Authorization Act for Fiscal 12 months 2019, Pub. L. 115-232 at § 889, 132 Stat 1636, 1917 (Aug. 13, 2018).

9 97 F.4th 938, 950 (D.C. Cir. 2024) (concluding that the “FCC’s definition of “crucial infrastructure” as all techniques and belongings “linked to” sixteen financial sectors and fifty-five financial capabilities is overbroad, unexplained, and arbitrary”).

10 See Essential Infrastructure Sectors, Cybersecurity and Infrastructure Safety Company (CISA).

11 FCC-25-71 (Oct. 29, 2025).

12 Prior Holland & Knight alerts clarify these present exclusions from the prohibition. See, for instance, FCC Exempts Sure Drones from Coated Checklist, Jan. 13, 2026.

13 Checklist of Authorized Unmanned Plane Techniques underneath Part 44807, Docket No. FAA-2023-1271 (final up to date July 8, 2026).

14 Within the Matter of Waiver of Aeronautical Cellular Restrictions to Guarantee Cellular Community Aviation Evaluation Program (MNAAP), DA-26-972 at 2 (Sept. 11, 2026).

15 Id. at 1.

16 Holland & Knight alert, “Drone Past Line of Sight Proposed Rule: High 10 Issues You Must Know,” Aug. 6, 2025.

17 FCC Seeks Touch upon Unleashing American Drone Dominance, FCC Discover DA 26-314 (April 1, 2026).

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